ELECTION  LAWS 


OP  THE 


State  of  North  Dakota 

192  1 

PUBLISHED  UNDER  LEGISLATIVE  AUTHORITY 


BY 

THOMAS  HALL 

SECRETARY  OF  STATE 


EDITED  BY 

MAURICE  W.  DUFFY 

DEPUTY 


198' 


ERRATA 

Index,  beginning  on  page  425,  line  23,  reading, 

"canvassing  votes  not  polled  at  established  precincts 1030 

down  to  line  12  on  page  426,  reading, 

'i-emoval  Const.  197      38" 

under  title  "OFFICERS,"  should  be  under  title  "PENALTIES,"  on  page  428. 


ELECTION  LAWS 


OF  THE 


State  of  North  Dakota 

19  2  1 

PUBLISHED  UNDER  LEGISLATIVE  AUTHORITY 


BY 

THOMAS  HALL 

SECRETARY  OF  STATE 


EDITED  BY 

MAURICE  W.  DUFFY 

DEPUTY 


J  KIU3 


NORMANDEN    PUBLISHING    CO. 

State   printers 

Grand    forks,    n.    D. 


1. 


PREFACE 

This  Compilation  does  not  embrace  the  school  laws;  these  may  be- 
found  in  the  General  School  Laws  published  by  the  Superintendent  or 
Public  Instruction. 

The  drainage  and  irrigation  laws  will  be  published  by  the  State 
Engineer;  the  election  provisions  contained  therein  are  therefore  omitted 
from  this  volume. 

The  Code  of  1877,  subsequent  session  laws,  codifications  and  compil- 
ations have  been  carefully  checked  to  detect  any  omissions  from  the  1913- 
compilation ;  sections  repealed  specifically  or  by  subsequent  legislation 
covering  the  same  subject,  and  sections  held  unconstitutional  by  the  supreme- 
court  have  been  omitted.  Insertions  and  omissions  are  indicated  in  the 
text. 

Annotations  have  been  brought  down  to  date  and  more  than  one 
hundred  opinions  by  former  Attorney  Generals  construing  various  sections 
have  been  included. 

Whether  these  annotations  and  opinions  are  confusing  or  enlightening 
may  be  debatable,  but  they  at  least  forcibly  illustrate  the  necessity 
of  drafting  laws  so  that  the  opportunity  for  "construing"  shall  be  reduced 
to  the  minimum. 

With  the  theory  prevailing  that  any  person  is  competent  to  be  a 
legislator  except  one  who  is  "learned  in  the  law" ;  with  courts  "unbound  by 
precedent,  unfettered  by  law,"  it  is  probably  too  optimistic  to  hope  some 
day  to  see  an  election  code  that  the  ordinary  voter  can  understand. 

THOMAS   HALL, 

Secretary  of  State- 
Bismarck,  N.  Dak.,  August  1st,  1921. 


M144120 


CONSTITUTION 

OF  THE 

United  States  of  America 


We,  the  people  of  the  United  States,  in  order  to  form  a  more  perfect  union, 
establish  justice,  insure  domestic  tranquility,  provide  for  the  common 
defense,  promote  the  general  welfare,  and  secure  the  blessings  of 
liberty  to  ourselves  and  our  posterity,  do  ordain  and  establish  this 
constitution  for  the  United  States  of  America. 

Preamble;  purpose.     21  Wall,  162,  22  L.   Ed.  627. 

ARTICLE  1.— THE  CONGRESS. 

§  2.  The  house  of  representatives  shall  be  composed  of  members 
chosen  every  second  year  by  the  people  of  the  several  states,  and  the 
electors  in  each  state  shall  have  the  qualifications  requisite  for  electors 
of  the  most  numerous  branch  of  the  state  legislature. 

No  person  shall  be  representative  who  shall  not  have  attained  to  the 
age  of  twenty-five  years,  and  been  seven  years  a  citizen  of  the  United 
States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of  that  state 
in  which  he  shall  be  chosen. 

When  vacancies  happen  in  the  representation  from  any  state  the 
executive  authority  thereof  shall  issue  writs  of  election  to  fill  such 
vacancies, 

Cl.  1.  Election  of  representatives.  21  Wall.  162,  22  L.  ed.  627;  110  U.  S. 
651,  28  L.  ed.  274;  134  U.  S.  m,  33  L.  ed.  951;  146  U.  S.  1,  36  L,  ed.  869;  193 
U.   S.   621,  48  L.  ed.  817. 

Cl.  2.  Qualifications  of  representatives.  143  U.  S.  135,  36  L.  ed.  103;  157 
U.  S.  429,  39  L.  ed.  759;  169  U.  S.  649,  42  L.  ed.  890, 

Cl.  4.    Vacancies.     146  U.  S.  1,  36  L.  ed.  869. 

§  3.  The  senate  of  the  United  States  shall  be  composed  of  two  senators 
from  each  state,  chosen  by  the  legislature  thereof,  for  six  years,  and  each 
senator  shall  have  one  vote. 

Immediately  after  they  shall  be  assembled  in  consequence  of  the  first 
election,  they  shall  be  divided  as  equally  as  may  be  into  three  classes. 
The  seats  of  the  senators  of  the  first  class  shall  be  vacated  at  the  expira- 
tion of  the  second  year ;  of  the  second  class,  at  the  expiration  of  the  fourth 
year;  and  of  the  third  class,  at  the  expiration  of  the  sixth  year,  so  that 


ti  ^^^^'^Z  I-      "    .:.    ^-^^       STATE  OF  NORTH  DAKOTA 

Vg :  ■  '^g  g — ^-^rt 


one-third  may  be  chosen  every  second  year;  and  if  vacancies  happen  by 
resignation  or  otherwise,  during  the  recess  of  the  legislature  of  any 
state,  the  executive  thereof  may  make  temporary  appointments  until  the 
next  meeting  of  the  legislature  which  shall  then  fill  such  vacancies. 

No  person  shall  be  a  senator  who  shall  not  have  attained  to  the  age  of 
thirty  years,  and  been  nine  years  a  citizen  of  the  United  States,  and  who 
shall  not,  when  elected,  be  an  inhabitant  of  that  state  for  which  he  shall 
be  chosen. 

See  17th  Amendment. 

Cl.   1.    Senate.     21   Wall,   162,  22  L.   ed.  627;    134  U.    S.   377,  33   L.   ed.   951. 
CI.  3.    Qualifications  of  senators.    143  U.  S.  135,  36  L.  ed.  103;  169  U.  S.  649, 
42  L.  ed.  890. 

§  4.    The  times,  places  and  manner  of  holding  elections  for  senators 
and  representatives,  shall  be  prescribed  in  each  state  by  the  legislature 
thereof;  but  the  congress  may  at  any  time  by  law  make  or  alter  such- 
regulations,  except  as  to  the  places  of  choosing  senators. 

The  congress  shall  assemble  at  least  once  in  every  year,  and  such 
meeting  shall  be  on  the  first  Monday  in  December,  unless  they  shall  by 
law  appoint  a  different  day. 

See  Newberry  vs.   U.   S.  65  L.   ed.   554. 

Cl.   1.      Elections.     7  How.    283,   12  L.   ed.   702;   19  How.     393,   15   L.   ed.   691; 
21  Wall.  1622,  22  L.  ed.  627;  92  U.  S.     214,  23  L.  ed.  563;   135  U.  S.   1,  34  L.  ed. 
55;  146  U.  S.  1,  36  L.  ed.  869. 
■     Cl.  2.     Sessions.     175  U.  S.  423,  44  L.  ed.  223. 

§  5.  Each  house  shall  be  the  judge  of  the  elections,  returns  and  qua- 
lifications of  its  own  members,  and  a  majority  of  each  shall  constitute  a 
quorum  to  do  business;  but  a  smaller  number  may  adjourn  from  day  to- 
day, and  may  be  authorized  to  compel  the  attendance  of  absent  members, 
in  such  manner  and  under  such  penalties  as  each  house  may  provide. 

§  6.  The  senators  and  representatives  shall  receive  a  compensation, 
for  their  services,  to  be  ascertained  by  law,  and  paid  out  of  the  treasury 
of  the  United  States.  They  shall  in  all  cases,  except  treason,  felony  and 
breach  of  the  peace,  be  privileged  from  arrest  during  their  attendance 
at  the  session  of  their  respective  houses,  and  in  going  to  and  returning 
from  the  same;  and  for  any  speech  or  debate  in  either  house,  they  shall 
not  be  questioned  in  any  other  place. 

No  senator  or  representative  shall,  during  the  time  for  which  he 
was  elected,  be  appointed  to  any  civil  oflBce  under  the  authority  of  the 
United  States,  which  shall  have  been  created,  or  the  emoluments  whereof 
shall  have  been  increased  during  such  time;  and  no  person  holding  any 
office  under  the  United  States  shall  be  a  member  of  either  house  during, 
his  continuance  in  office. 

Disabilities  and  privileges.     196  U.   S.   283,   49  L.   ed.   482;  207  U.   S.  425,  52 
L.   ed.   278. 


CONSTITUTION  OF  THE  UNITED   STATES 


§  8.    The  congress  shall  have  power : 

*  •  *  *  «♦  •  •  •  •  ^ 

To  establish  an  uniform  rule  of  naturalisation.  •  •  • 

ARTICLE  2— THE  EXECUTIVE 

§  1,  The  executive  power  shall  be  vested  in  a  president  of  the  United 
States  of  America.  He  shall  hold  his  office  during  the  term  of  four 
years,  and,  together  with  the  vice-president,  chosen  for  the  same  term,  be 
elected  as  follows: 

Each  state  shall  appoint,  in  such  manner  as  the  legislature  thereof 
may  direct,  a  number  of  electors,  equal  to  the  whole  number  of  senators 
and  representatives  to  which  the  state  may  be  entitled  in  the  congress; 
but  no  senator  or  representative,  or  person  holding  an  office  of  trust  or 
profit  under  the  United  States,  shall  be  appointed  an  elector. 

The  congress  may  determine  the  time  of  choosing  the  electors,  and  the 
day  on  whi«h  they  shall  give  their  votes ;  which  day  shall  be  the  same 
throughout  the  United  States. 

No  person  except  a  natural  born  citizen,  or  a  citizen  of  the  United 
States  at  the  time  of  the  adoption  of  this  constitution  shall  be  eligible  to 
the  office  of  president;  neither  shall  any  person  be  eligible  to  that  office 
who  shall  not  have  attained  to  the  age  of  thirty -five  years,  and  been  four- 
teen years  a  resident  within  the  United  States. 

In  case  of  the  removal  of  the  president  from  office,  or  of  his  death, 
resignation,  or  inability  to  discharge  the  powers  and  duties  of  the  said 
office,  the  same  shall  devolve  on  the  vice-president,  and  the  congress  may 
by  law  provide  for  the  case  of  removal,  death,  resignation,  or  inability, 
both  of  the  president  and  vice-president,  declaring  what  officer  shall  then 
act  as  president,  and  such  officer  shall  act  accordingly,  until  the  disability 
be  removed,  or  a  president  shall  be  elected. 

The  president  shall,  at  stated  times,  receive  for  his  services  a  com- 
pensation, which  shall  neither  be  increased  nor  diminished  during  the 
period  for  which  he  shall  have  been  elected,  and  he  shall  not  receive  within 
that  period  any  other  emolument  from  the  United  States,  or  any  of  them. 

Before  he  enters  on  the  execution  of  his  office,  he  shall  take  the  fol- 
lowing oath  or  affirmation : 

"I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute  the  office 
of  president  of  the  United  States,  and  will,  to  the  best  of  my  ability,  preserve, 
protect  and  defend  the  constitution  of  the  United  States." 

See  12th  Amendment. 

CI.   1.     President   and  vice-president.     9   Wheat.     739,   6   L.   ed.   204. 


10  STATE  OF  NORTH  DAKOTA 


CI.  2.    Electors.    21  Wall.    162,  22  L.  ed.  627;  146  U.  S.  1,  36  L.  ed.  869. 

CI.  3  Vote  of  electors.  92  U.  S.  214,  23  L.  ed.  563;  134  U.  S.  Zll,  ZZ  L.  ed. 
951. 

CI.  5.  Qualifications  for  president.  19  How.  393,  15  L.  ed.  691 ;  21  Wall.  162, 
22  L.  ed.  627;  143  U.  S.  135;  36  L.  ed.  103;  182  U.  S.  244,  45  L.  ed.  1088. 

ARTICLE  6.— MISCELLANEOUS  PROVISIONS. 

This  constitution,  and  the  laws  of  the  United  States,  which  shall  be 
made  in  pursuance  thereof,  and  all  treaties  made  or  which  shall  be  made, 
under  the  authority  of  the  United  States,  shall  be  the  supreme  law  of  the 
land;  and  the  judges  in  every  state  shall  be  bound  thereby,  anything  in 
the  constitution  or  laws  of  any  state  to  the  contrary  notwithstanding. 

The  senators  and  representatives  before  mentioned,  and  the  members  of 
the  several  state  legislatures,  and  all  executive  and  judicial  officers,  both 
of  the  United  States  and  of  the  several  states,  shall  be  bound  by  oath  or 
affirmation  to  support  this  constitution ;  but  no  religious  test  shall  ever  be 
required  as  a  qualification  to  any  office  or  public  trust  under  the  United 
States. 

Cl.  2.  Supremacy  of  Constitution.  3  Dall.  199,  1  L.  ed.  568;  6  Wheat.  264, 
5  L.  ed.  257;  5  Pet.  1,  8  L.  ed.  25;  5  How.  410,  12  L.  ed.  213;  5  How.  504,  12  L. 
ed.  256;  7  How.  283,  12  L.  ed.  702;  6  Wall.  247,  18  L.  ed.  851;  6  Wall.  594,  18  L.  ed. 
897;  11  Wall.  616,  20  L.  ed.  227;  12  Wall.  457,  20  L.  ed.  287;  91  U.  S.  29,  23  L.  ed. 
196;  92  U.  S.  90,  23  L.  ed.  678;  96  U.  S.  1,  24  L.  ed.  708;  100  U.  S.  483,  25  L.  ed. 
628;  135  U.  S.  1,  34  L.  ed.  55;  144  U.  S.  323,  36  L.  ed.  450;  158  U.  S.  98,  39  L.  ed. 
910;  161  U.  S.  591,  40  L.  ed.  819;  177  U.  S.  505,  44  L.  ed.  864;  182  U.  S.  1,  45  L.  ed. 
1041;  182  U.  S.  244,  45  L.  ed.  1088;  183  U.  S.  138,  46  L.  ed.  120;  199  U.  S.  437,  50 
L.  ed.  261;  224  U.  S.  583,  56  L.  ed.  894. 

Oath  of  office;  religious  test.    22  Wall.  99,  22  L.  ed.  816. 


ARTICLES 


IN  ADDITION  TO,  AND  AMENDMENT  OF,  THE  CONSTITUTION 
OF  THE  UNITED  STATES  OF  AMERICA. 


ARTICLE   12. 

The  electors  shall  meet  in  their  respective  states,  and  vote  by  ballot 
for  president  and  vice-president,  one  of  whom,  at  least,  shall  not  be  an 
inhabitant  of  the  same  state  with  themselves.  They  shall  name  in  their 
ballots  the  person  voted  for  as  president,  and  in  distinct  ballots  the  person 
voted  for  as  vice-president;  and  they  shall  make  distinct  lists  of  all  per- 
sons voted  for  as  president,  and  of  all  persons  voted  for  as  vice-president, 
and  of  the  number  of  votes  for  each ;  which  lists  they  shall  sign  and  cer- 
tify, and  transmit  sealed  to  the  seat  of  government  of  the  United  States, 


CONSTITUTION   OF   THE   UNITED   STATES 


directed  to  the  president  of  the  senate.  The  president  of  the  senate  shall, 
in  the  presence  of  the  senate  and  house  of  representatives,  open  all  the  cer- 
tificates, ajnd  the  votes  shall  then  be  counted.  The  person  having  the 
greatest  number  of  votes  for  president,  shall  be  the  president,  if  such 
number  be  a  majority  of  the  whole  number  of  electors  appointed;  and  if 
no  person  have  such  majority,  then  from  the  persons  having  the  highest 
numbers,  not  exceeding  three,  on  the  list  of  those  voted  for  as  president, 
the  house  of  representatives  shall  choose  immediately,  by  ballot,  the  pres- 
ident But  in  choosing  the  president,  the  votes  shall  be  taken  by  states, 
the  representation  from  each  state  having  one  vote;  a  quorum  for  this 
purpose  shall  consist  of  a  member  or  members  from  two-thirds  of  the 
states,  and  a  majority  of  all  the  states  shall  be  necessary  to  a  choice. 
And  if  the  house  of  representatives  shall  not  choose  a  president  whenever 
the  right  of  choice  shall  devolve  upon  them,  before  the  fourth  day  of  March 
next  following,  then  the  vice-president  shall  act  as  president,  as  in  the 
case  of  the  death  or  other  constitutional  disability  of  the  president. 

The  person  having  the  greatest  number  of  votes  as  vice-president  shall 
be  the  vice-president,  if  such  number  be  a  majority  of  the  whole  number 
of  electors  appointed ;  and  if  no  person  have  a  majority,  then  from  the  two 
highest  numbers  on  the  list  the  senate  shall  choose  the  vice-president.  A 
quorum  for  the  purpose  shall  consist  of  two-thirds  of  the  whole  number 
of  senators,  and  a  majority  of  the  whole  number  shall  be  necessary  to  a 
choice.  But  no  person  constitutionally  ineligible  to  the  office  of  president 
shall  be  eligible  to  that  of  vice-president  of  the  United  States. 

Election  of  president.    134  U.  S.  377,  33  L.  ed.  951;  146  U.  S.  1,  36  L.  ed.  869; 
182  U.  S.  244,  45  L.  ed.  1088. 


ARTICLE  14. 

§  1.  All  persons  born  or  naturalized  in  the  United  States,  and  subject 
to  the  jurisdiction  thereof,  are  citizens  of  the  United  States,  and  of  the 
state  wherein  they  reside.  No  state  shall  make  or  enforce  any  law  which 
shall  abridge  the  privileges  or  immunities  of  citizens  of  the  United  States, 
nor  shall  any  state  deprive  any  person  of  life,  liberty  or  property,  with- 
out due  process  of  law,  nor  deny  to  any  person  within  its  jurisdiction  the 
equal  protection  of  the  laws. 

Citizenship.  16  Wall.  36,  21  L.  ed.  394;  92  U.  S.  214,  23  L.  ed.  563;  97  U.  S. 
646,  24  L.  ed.  1057;  104  U.  S.  5,  26  L.  ed.  643;  112  U.  S.  94,  28  L.  ed.  643;  118  U.  S. 
375,  30  L.  ed.  228;  120  U.  S.  678,  30  L.  ed.  766;  127  U.  S.  265,  32  L.  ed.  239;  138 
U.  S.  694,  34  L.  ed.  1078;  143  U.  S.  135,  36  L.  ed.  103;  145  U.  S.  444,  36  L.  ed.  768; 
149  U.  S.  698;  37  L.  ed.  905;  155  U.  S.  648,  39  L.  ed.  297;  169  U.  S.  649,  42  L.  cd. 
890;  172  U.  S.  239,  43  L.  cd.  432;  172  U.  S.  557,  43  L.  ed.  552;  182  U.  S.  244,  45 
L.  ed.  1088;  193  U.  S.  146,  48  L.  ed.  655;  193  U.  S.  621,  48  L.  ed.  817;  194  U.  S. 
377,   48  L.  ed.  1027. 

S  2.  Representatives  shall  be  apportioned  among  the  several  states 
according  to  their  resi)ective  numbers,  counting  the  whole  number  of  per- 


12  STATE  OF  NORTH  DAKOTA 

sons  in  each  state,  excluding  Indians  not  taxed.  But  when  the  right  to 
rote  at  any  election  for  the  choice  of  electors  for  president  and  vice-pres- 
ident of  the  United  States,  representatives  in  congress,  the  executive  and 
judicial  officers  of  a  state,  or  the  members  of  the  legislature  thereof,  1* 
denied  to  any  of  the  male  inhabitants  of  such  state,  being  twenty-one  years 
of  age  and  citizens  of  the  United  States,  or  in  any  way  abridged,  except 
for  participation  in  rebellion  or  other  crime,  the  basis  of  representatioa 
therein  shall  be  reduced  in  the  proportion  which  the  number  of  such  male 
citizens  shall  bear  to  the  whole  number  of  male  citizens  twenty-one  yeara 
of  age  in  such  state. 

Apportionment  of  representatives  and  taxes.    21  Wall.  162,  22  L.  ed.  627;  92 
U.  S.  214,  23  L.  ed.  563;  146  U.  S.  1,  36  L.  ed.  869;  157  U.  S.  429,  39  L.  ed.  759. 

§  3.  No  person  shall  be  a  senator  or  representative  in  congress,  or 
elector  of  president  and  vice-president,  or  hold  any  office,  civil  or  military, 
under  the  United  States,  or  under  any  state,  who,  having  previously  taken 
an  oath  as  a  member  of  congress,  or  as  an  officer  of  the  United  States,  or 
as  a  member  of  any  state  legislature,  or  as  an  executive  or  judicial  officer 
of  any  state,  to  support  the  constitution  of  the  United  States,  shall  have 
engaged  in  insurrection  or  rebellion  against  the  same,  or  given  aid  or  com- 
fort to  the  enemies  thereof.  But  congress  may,  by  a  vote  of  two-thirds  of 
each  house,  remove  such  disability. 

Disabilities.     9  Wall.  611,  19  L.  ed.  565. 


§  5.     The  congress  shall  have  power  to  enforce,  by  appropriate  legisla- 
race,  color  or  previous  condition  of  servitude. 

Enforcement.     100  U.  S.  313,  25  L.  ed.  667;  100  U.   S.  339,  25  L.  ed.  676;   106 
U.   S.  629,  27  L.  ed.  290. 


ARTICLE  15. 

§  1.  The  right  of  citizens  of  the  United  States  to  vote  shall  not  be- 
denied  or  abridged  by  the  United  States  or  by  any  state  on  account  of 
race,  color  or  previous  conditions  of  servitude. 

Right  to  vote.  13  Wall.  646,  20  L.  ed.  685;  16  Wall.  36,  21  L.  ed.  394;  18  Wall. 
648,  21  L.  ed.  966;  21  Wall.  162,  22  L.  ed.  627;  92  U.  S.  214,  23  L.  ed.  563;  92  U.  S. 
542,  23  L.  ed.  588;  100  U.  S.  339,  25  L.  ed.  676;  103  U.  S.  370,  26  L.  ed.  567;  106 
U.  S.  629,  27  L.  ed.  290;  109  U.  S.  3,  27  L.  ed.  836;  112  U,  S.  94,  28  L.  ed.  643; 
120  U.  S.  678,  30  L.  ed.  766;  120  U.  S.  600,  30  L.  ed.  798;  144  U.  S.  263,  36  L.  ed. 
429;  146  U.  S.  1,  36  L.  ed.  869;  169  U.  S.  649,  42  L.  ed.  890;  176  U.  S.  581,  44  L.  ed. 
597;  182  U.  S.  244,  45  L.  ed.  1088;  189  U.  S.  475,  47  L.  ed.  909;  190  U.  S.  127,  47 
L.  ed.  979;  193  U.  S.  146,  48  L.  ed.  655;  197  U.  S.  207,  49  L.  ed.  726. 

§  2.  The  congress  shall  have  power  to  enforce  this  article  by  appro- 
priate legislation. 


CONSTITUTION   OF  THE  UNITED   STATES 


ARTICLE  17. 

The  senate  of  the  United  States  shall  be  composed  of  two  senators 
from  each  state,  elected  by  the  people  thereof,  for  six  years;  and  each 
senator  shall  have  one  vote.  The  electors  in  each  state  shall  have  the 
qualifications  requisite  for  electors  of  the  most  numerous  branch  of  the 
state  legislatures. 

When  vacancies  happen  in  the  representation  of  any  state  in  the 
senate,  the  executive  authority  of  such  state  shall  issue  writs  of  election 
to  fill  such  vacancies  :Provided,  that  the  legislature  of  any  state  may 
empower  the  executive  thereof  to  make  temporary  api>ointments  until  the 
people  fill  the  vacancies  by  election  as  the  legislature  may  direct. 

This  amendment  shall  not  be  so  construed  as  to  effect  the  election  or 
term  of  any  senator  chosen  before  it  becomes  valid  as  part  of  the  con- 
stitution. 

See  Newberry  v.  U.  S.  65  L.  ed.  554. 

ARTICLE  19. 

The  right  of  citizens  of  the  United  States  to  vote  shall  not  be  denied 
or  abridged  by  the  United  States  or  by  any  state  on  account  of  sex. 

Congress  shall  have  power  to  enforce  this  article  by  appropriate  legis- 
lation. 

NOTE: — The  constitution  was  adopted  September  17,  1787,  by  the 
unanimous  consent  of  the  states  present  in  the  convention  appointed  in 
pursuance  of  the  resolution  of  the  congress  of  the  confederation  of  February 
21,  1787,  and  was  ratified  by  the  convention  of  the  several  states,  as  fol- 
lows, viz:  By  convention  of  Delaware,  December  7,  1787;  Pennsylavania, 
December  12,  1787;  New  Jersey,  December  18,  1787;  Georgia,  January  2, 
1788;  Connecticut,  January  9,  1788;  Massachusetts,  February  6,  1788; 
Maryland,  April  28,  1788 ;  South  Carolina,  May  23,  1788 ;  New  Hampshire, 
June  21,  1788;  Virginia,  June  26,  1788;  New  York,  July  26,  1788;  North 
Carolina,  November  21,  1789;  Rhode  Island,  May  29,  1790. 

The  first  ten  of  the  amendments  were  proposed  at  the  first  session  of 
the  first  congress  of  the  United  States,  September  25,  1789,  and  were 
finally  ratified  by  the  constitutional  number  of  states,  December  15,  1791. 

The  eleventh  amendment  was  proposed  at  the  first  session  of  the  third 
congress,  March  5,  1794,  and  was  declared  in  a  message  from  the  president 
of  the  United  States  to  both  houses  of  congress,  dated  January  8,  1798, 
to  have  been  adopted  by  the  constitutional  number  of  states. 

The  twelfth  amendment  was  proposed  at  the  first  session  of  the  eighth 
congress,  December  12,  1803,  and  was  adopted  by  the  constitutional  num- 


14  STATE  OF  NORTH  DAKOTi^ 

ber  of  states  in  1804,  according  to  a  public  notice  thereof  by  the  secretary 
of  state,  dated  September  25,  1804. 

The  thirteenth  amendment  was  proposed  at  the  second  session  of  the 
thirty-eighth  congress,  February  1,  1865,  and  was  adopted  by  the  constitu- 
tional number  of  states  in  1865,  according  to  a  public  notice  thereof  by 
the  secretary  of  state,  dated  December  18,  1865. 

The  fourteenth  amendment  took  effect  July  28,  1868.  The  fifteenth 
amendment  took  effect  Mar.  30,  1870.  The  sixteenth  amendment  took 
effect  February  25,  1913.  The  seventeenth  amendment  took  effect  May  31, 
1913.     The  eighteenth  amendment  took  effect  January  29,  1920. 

The  nineteenth  amendment  took  effect  August  26,  1920. 

POWER   OF   STATE   TO   IMPOSE   QUALIFICATIONS. 

Under  our  system  of  government,  the  power  to  determine  the  qualifi- 
cations that  must  be  jwssessed  by  those  i)ersons  who  shall  be  entitled  to 
vote  at  elections  resides  in  the  states.  Among  the  absolute,  unqualified 
rights  of  the  states  is  the  right  of  regulating  the  elective  franchise.  The 
United  States  have  no  voters  of  their  own.  Nor  has  the  constitution  of 
the  United  States  given  to  the  Congress  the  power  to  prescribe  qualifica- 
tions for  electors  in  the  states.  The  only  restriction  upon  the  power  of 
the  states  to  fix  the  qualifications  of  voters  is  that  imposed  by  the  fif- 
teenth amendment  to  the  constitution  of  the  United  States,  which  forbids 
any  discrimination  "on  account  of  race,  color,  or  previous  condition  of 
servitude" :  McCrary  on  Elections,  2nd  ed.,  sees.  1-3 ;  Morse  on  Citizen- 
ship, sec.  3;  Minor  v.  Happersett,  21  Wall.  162;  United  States  v.  Cruik- 
fihank,  92  U.  S.  542;  United  States  v.  Reese,  92  Id.  214;  Van  Valkenburg 
V.  Brown,  43  Cal.  43;  Anderson  v.  Baker,  23  Md.  531;  Huber  v.  Reily,  53 
Pa.  St.  115;  Ridley  v.  Sherbrook,  3  Cold.  569;  State  v.  Staten,  6  Id.  233; 
Story  on  Constitution,  sees.  581-582.  The  power  of  the  state  to  determine 
the  class  of  inhabitants  who  may  vote  is  not  curtailed  by  the  fourteenth 
amendment  to  the  constitution  of  the  United  States.  The  elective  franchise 
is  not  one  of  the  privileges  or  immunities  mentioned  in  the  first  section 
of  that  amendment ;  Van  Valkenburg  v.  Brown,  43  Cal.  43.  In  the  case  of 
Dred  Scott  v.  Sandford,  19  How.  393,  it  was  said  by  the  majority  of  the 
court  that  a  state  may,  by  its  laws  passed  since  the  adoption  of  the  con- 
stitution of  the  United  States  put  a  foreigner  or  any  other  description  of 
persons  upon  the  same  footing  with  its  own  citizens  as  to  all  the  rights 
and  privileges  enjoyed  by  them  within  its  dominions.  But  that  will  not 
make  him  a  citizen  of  the  United  States,  nor  entitle  him  to  sue  in  its 
courts,  nor  to  any  of  the  privileges  and  immunities  of  a  citizen  in  another 
state.  The  fifteenth  amendment  to  the  federal  constitution  has  invested 
citizens  of  the  United  States  with  a  new  constitutional  right,  which  is 
exemption   from   discrimination   in   the  elective  franchise  on   account  of 


CONSTITUTION   OF   THE   UNITED   STATES 


race,  color,  or  previous  condition  of  servitude :  United  States  v.  Reese,  92 
U.  S.  214;  Van  Valkenburg  v.  Brown,  43  Cal.  43.  Its  effect  was  to  render 
absolutely  null  and  void  all  provisions  of  a  state  constitution  or  of  a 
state  law  that  were  in  conflict  with  it,  or  with  any  act  of  Congress  passed 
to  enforce  it,  which  is  appropriate  to  that  purpose;  McCrary  on  Elec- 
tions, 2d  ed.,  sec.  2;  Van  Valkenburg  v.  Brown,  43  Cal.  43;  Wood  v.  Fitz- 
gerald, 3  Or.  568.  There  is  one  way  in  which  Congress  may  affect  the 
number  of  voters  in  a  state.  It  may  as  a  penalty  imi>ose  upon  a  criminal 
the  forfeiture  of  his  citizenship  of  the  United  States,  and  then  if  the 
state  constitution  allows  only  citizens  of  the  United  States  to  vote,  such 
disfranchised  persons  will  be  deprived  of  the  right  to  vote  in  such  state; 
Huber  v.  Riley,  53  Pa.  St.  112,  97  Am.,  Dec.  263. 

See  9  R.  C.  L.  980. 

AS  AFFECTED  BY  ACTS  OF  CONGRESS. 

Congress  has  the  power  to  legislate  in  regard  to  presidential  or  con- 
gressional elections.  Ex  parte  Yarbrough,  110  U.  S.  651,  28  L.  ed.  274; 
Ex  parte  Clarke,  100  U.  S.  399;  United  States  v.  Munford,  16  Fed.  Rep. 
223. 

And  in  such  matters  if  the  regulations  of  a  state  should  conflict  with 
those  of  congress,  the  latter  must  prevail,  and  the  former  would  be  void. 
Ex  parte  Siebold,  100  U.  S.  371,  25  L.  ed.  717. 

RIGHT  TO  VOTE. 

The  14th  Amendment  to  the  Constitution  of  the  United  States  pro- 
vides: "All  persons  born  or  naturalized  in  the  United  States,  and  subject 
to  the  jurisdiction  thereof,  are  citizens  of  the  United  States,  and  of  the 
state  wherein  they  reside.  No  state  shall  make  or  enforce  any  law  which 
shall  abridge  the  privileges  and  immunities  of  citizens  of  the  United 
States."  And  the  15th  Amendment  provides:  "Section  1.  The  right  of 
citizens  of  the  United  States  to  vote  shall  not  be  denied  or  abridged  by 
the  United  States  or  by  any  state,  on  account  of  race,  color,  or  previous 
condition  of  servitude."  In  Spencer  v.  Board  of  Registration,  1  McArth, 
169,  29  Am.  Rep.  582,  the  court  held  that  these  provisions  were  the  cre- 
ation of  a  constitutional  condition  that  required  the  supervention  of  legis- 
lative power  in  the  exercise  of  legislative  discretion  to  give  it  effect.  And 
further,  that  the  constitutional  capacity  of  becoming  a  voter  was  dormant 
until  made  effective  by  legislative  action.    21  L.  R.  A.  662. 

RIGHT  IS  NOT  ABSOLUTE. 

The  right  to  vote  is  not  an  absolute  one.  People  v.  Barber,  48  Hun. 
198.  It  is  a  right  or  privilege  arising  under  the  constitution  of  the  state, 
and  not  under  the  Constitution  of  the  United  States.  United  States  v. 
Anthony,  11  Blatchf.  200,  where  the  defendant  was  prosecuted  for  illegal 


16  STATE  OF  NORTH  DAKOTA 

voting  at  an  election  for  representatives  for  congress  contrary  to  the  New 
York  law,  and  found  guilty.  If  the  right  belongs  to  any  particular  person 
it  is  because  such  person  is  entitled  to  it  by  the  laws  of  the  state  where 
he  offers  to  exercise  it,  and  not  because  of  citizenship  of  the  United 
States.  Ibid.  21  L.  R.  A.  662.  To  the  same  effect,  People  v.  Barber,  48 
Hun.  198.  Suffrage  was  not  co-extensive  with  the  citizenship  of  the  states 
at  the  time  it  was  adopted,  and  was  not  intended  to  make  all  citizens 
voters. 

Minor  v.  Happersett,  88  U.  S.,  21  WaU.     162,  22  L.  ed.  627. 

The  14th  and  15th  Amendments  to  the  Constitution  of  the  United  States  do 
not  extend  to  the  right  of  women  to  vote.  Van  Valkenburg  v.  Brown,  43 
Cal.  43.  13  Am.  Rep.  136. 


CONSTITUTION   OF   NORTH    DAKOTA  V 


CONSTITUTION 

(Adopted  Oct.  1,  1889;  yeas,  27,441;  nays,  8,107.) 


PREAaiBLE. 


We,  the  people  of  North  Dakota,  grateful  to  Almighty  God  for  the  bles- 
sings of  civil  and  religious  liberty,  do  ordain  and  establish  this  con- 
stitution. 

ARTICLE  1.     DECLARATION  OF  RIGHTS. 

§  1.  All  men  are  by  nature  equally  free  and  independent  and  have 
certain  inalienable  rights,  among  which  are  those  of  enjoying  and  defend- 
ing life  and  liberty ;  acquiring,  possessing  and  protecting  property  and  re- 
putation ;  and  pursuing  and  obtaining  safety  and  happiness. 

Provision  exacting  fees  for  printing  names  of  candidates  on  official  ballot  is 
an  arbitrary  and  unreasonable  regulation.  Johnson  v.  Grand  Forks  Co.,  16  N.  D. 
363,  113  N.  W.  1071,  125  Am.  St.  Rep.  662,  followed  Johnson  v.  Grand  Forks  Co., 
22  N.  D.  613,  135  N.  W.  179. 

Primary  election  law  must  be  reasonable,  uniform  in  operation  and  bear  with 
substantial  equality  upon  all  parties  and  candidates.  Provision  requiring  30% 
of  party  vote  to  make  nomination,  invalid.  State  v.  Hamilton,  20  N.  D.  592,  129 
N.  W.  916  overruling  State  v.  Anderson,  18  N.  D.  149,  118  N.  W.  22. 

25%  requirement  invalid.     State  v.  Flaherty,  40  N.  D.  487,  169  N.  W.  93. 

Imposing  additional  oath  as  qualification  for  office,  invalid.  State  v.  Blais- 
dell,  18  N.  D.  55,  118  N.  W.  141. 

§  2.  All  political  power  is  inherent  in  the  people.  Government  is  in- 
stituted for  the  protection,  security  and  benefit  of  the  people,  and  they 
have  a  right  to  :»lter  or  reform  the  same  whenever  the  public  good  may 
require. 

The  sovereign  authority — the  people — in  creating  a  state  government  can 
lodge  the  authority  to  appoint  its  officers  in  any  branch  of  that  government. 
State  V.  Boucher,  3  N.  D.  389.  56  N.  W.  142. 

Constitutions  are  means  employed  by  sovereign  people  to  limit  powers  of 
their  agent.     State  v.  Taylor,  22  N.  D.  362,  133  N.  W.  1046. 

All  political  power  inherent  in  the  people.  State  v.  Taylor,  33  N.  D.  76,  156 
N.  W.  561,  L.  R.  A.  1918B  156.     State  v.  Hall  — N.  D.— ,  171  N.  W.  213. 

The  sovereignty  of  the  people,  and  the  right  to  alter  or  reform  the  existing 
government  lie  at  the  very  foundation  of  our  governmental  existence.  State  v. 
HaU,  35  N.  D.  34,  159  N.  W.  281. 

Dissenting  opinion.  Moody  v.  Hagen,  36  N.  D.  471,  162  N.  W.  704,  L.  R.  A. 
1918F,   947,    245   U.    S.   633. 

Protection,  security  and  benefit  of  the  people.  Brown  ▼.  Steckler,  40  N.  D. 
113,  168  N.  W.  670.  1  A.  L.  R.  753. 


STATE  OF  NORTH   DAKOTA 


State  V.  State  Board  of  Canvassers,  N.  D. ,  172  N,   W.  80  (93).     Daly 

V.   Beery,  N.   D. ,  178  N.   W.   104. 

§  10.  The  citizens  liave  a  riglit  in  a  peaceable  manner,  to  assemble 
together  for  the  common  good,  and  to  apply  to  those  invested  with  the 
powers  of  government  for  the  redress  of  grievances,  or  for  other  proper 
purposes,  by  petition,  address  or  remonstrance. 

Legislature  has  power  to  require  nomination  to  be  made  at  primary  elec- 
tions by  use  of  ballot,  and  may  provide  that  such  elections  shall  be  conducted 
within  organized  political  parties.  State  v.  Flaherty,  23  N.  D.  313,  41  L.  R.  A. 
(N.  S.)  132,  136  N.  W.  76. 

§  11.     All  laws  of  a  general  nature  shall  have  a  uniform  operation. 

A  law  regulating  relocation  of  county  seats  must  not  arbitrarily  classify 
counties.     Edmonds  v.  Herbranson,  2  N.  D.  270,  14  L.  R.  A.  725,  50  N.   W.  970. 

Law  allowing  unorganized  school  township  containing  a  city  of  800  inhabit- 
ants or  more  to  organize  district  school  township,  void.  Plummer  v.  Borsheim, 
8  N.  D.  565,  80  N.  W.  690. 

See  dissenting  opinion.     Ex  parte  Corliss,  16  N.  D.  470  (543),  114  N.  W.  962. 

Arbitrary  classification,  county  seat  removal  law.  In  re  Connolly,  17  N.  D. 
546,  117  N.  W.  946. 

Provision  in  primary  law  that  no  nomination  is  made  unless  vote  cast  is  at 
least  30%  of  total  number  cast  for  secretary  of  state  at  last  general  election, 
invalid.  State  v.  Hamilton,  20  N.  D.  592,  129  N.  W.  916  overruling  State  v.  An- 
derson, 18  N.  D.  149,  118  N.  W.  22. 

25%  clause  invalid.     State  v.  Flaherty,  40  N.  D.  487,  169  N.  W.  93. 

State  bonding  act  valid.     State  v.   Taylor,  33  N.   D.   76,  156  N.   W.   561. 

§  20.  No  special  privileges  or  immunities  shall  ever  be  granted  which 
may  not  be  altered,  revoked  or  repealed  by  the  legislative  assembly;  nor 
shall  any  citizen  or  class  of  citizens  be  granted  privileges  or  immunities 
which  upon  the  same  terms  shall  not  be  granted  to  all  citizens. 

Law  must  operate   alike  upon  all  in  a   like   situation. 

State  V.  Flaherty,  23  N.  D.  313  (330);  41  L.  R.  A.  (N.  S.)  132;  136  N.  W.  76. 

State  V.  Anderson,  22  N.  D.  65;  132  N.  W.  433. 

Primary  election  law  must  bear  with  substantial  equality  upon  parties,  can- 
didates, and  all  classes  of  citizens.  State  v.  Hamilton,  N.  D.  592;  129  N.  W. 
916  overruling  State  v.  Anderson,  18  N.  D.  149;  118  N.  W.  22.  State  v.  Flaherty, 
40  N.  D.  487,  169  N.  W.  93. 

Equal  privileges  and  immunities.     14  L.  R.  A.  579;  34  L.  R.  A.   (N.   S.)  481. 

§  21.  The  provisions  of  this  constitution  are  mandatory  and  prohibi- 
tory, unless,  by  express  words,  they  are  declared  to  be  otherwise. 

This  section  recognizes  and  establishes  a  sound  rule  to  be  observed  in  the 
interpretation  of  the  organic  law.  It  is  a  rule  applicable  alike  to  statutory  and 
constitutional  law,  that  when  the  law  directs  something  to  be  done  in  a  given 
manner,  or  at  a  particular  time  or  place,  then  there  is  an  implied  prohibition 
against  any  other  mode  or  time  or  place  for  doing  the  act.  State  v.  Stark  Co., 
14  N.  D.  368,  103  N.  W.  913. 

All  constitutional  provisions  are  mandatory  unless  expressly  declared  to  be 
otherwise.  State  v.  Budge,  14  N.  D.  532,  105  N.  W.  724.  Johnson  v.  Grand  Forks 
Co.,  16  N.  D.  363,  113  N.  W.  1071.  State  v.  Hall,  35  N.  D.  34  (45),  159  N.  W. 
281. 


CONSTITUTION   OF   NORTH    DAKOTA  19 


§  24.  To  guard  against  transgressions  of  the  high  powers  which  we 
have  delegated,  we  declare  that  everything  in  this  article  is  excepted  out 
of  the  general  powers  of  government  and  shall  forever  remain  inviolate. 

State  V.  Frazier,  39  N.  D.  430,  167  N.  W.  510. 

ARTICLE  2.— THE   LEGISLATIVE   DEPARTMNNT. 

§  25.  The  legislative  power  shall  be  vested  in  a  senate  and  house  of 
representatives. 

See  articles  15  and  26  of  Amendments. 

The  power  to  authorize  the  issuance  of  bonds  is  vested  in  the  voters,  and 
they  cannot  delegate  such  power  to  the  city  council.  Stern  v.  Fargo,  18  N.  D. 
289,  122  N.  W.  403;  26  L.  R.  A.  (N.  S.)  665.  Kerlin  v.  Devils  Lake,  25  N.  D. 
207  (236),  141  N.  W.  756,  Ann.  Cas.  1915  C.  624. 

Law  allowing  voters  to  express  their  preference  for  United  States  Senator, 
not  a  delegation  of  legislative  power.  State  v.  Blaisdell,  18  N.  D.  55,  118  N.  W. 
141;  24  L.  R.  A.  (N.  S.)  465,  138  Am.  St.  Rep.  741. 

Proposal  of  constitutional  amendments,  not  legislation.  State  v.  Hall,  35  N. 
D.  34,  159  N.  W.  281,  overruled  State  v.  Hall,  N.  D. ,  171  N.  W.  213. 

Function  of  canvassing  board,  legislative  in  character.  State  v.  State  Board 
of  Canvassers,  N.  D. ,  172  N.  W.  80. 

State   Publication  and  Printing  Commission.     Daly  v.   Beery,  N.    D. , 

178  N.  W.  104. 

Legislative  power  vested  in  the  legislature  and  in  the  people.  State  v.  Olson, 
N.  D. ,  176  N.  W.  528. 

§  26.  The  senate  shall  be  composed  of  not  less  than  thirty  nor  more 
than  fifty  members. 

State  V.  Meyer,  20  N.  D.  628,  127  N.  W.  834. 

§  27.  Senators  shall  be  elected  for  the  term  of  four  years,  except  as 
hereinafter  provided. 

Expiration  of  the  terms  of  senators  depends  upon  the  original  classification 
made  in  1891.    State  v.  Meyer,  20  N.  D.  628,  127  N.  W.  834 

§  28.  No  person  shall  be  a  senator  who  is  not  a  qualified  elector  in 
the  district  in  which  he  may  be  chosen,  and  who  shall  not  have  attained 
the  age  of  twenty-five  years,  and  have  been  a  resident  of  the  state  or 
territory  for  two  years  next  preceding  his  election 

Qualified  electors  are  male  persons  only,  possessing  other  qualifications 
enumerated  in  section  121  of  the  constitution.  Wagar  v.  Prindeville,  21 
N.  D.  245,  130  N.  W.  224. 

Imposing  additional  oath  as  qualification  for  office,  invalid.  State  v.  Blais- 
dell, 18  N.  D.  55,  118  N.  W.  141. 

England  v.  Townley,  N.  D. ,  174  N.  W.  755. 

§  29.  The  Legislative  assembly  shall  fix  the  number  of  senators,  and 
divide  the  state  into  as  many  senatorial  districts  as  there  are  senators. 


20  STATE  OF  NORTH  DAKOTA 


which  districts  as  nearly  as  may  be,  shall  be  equal  to  each  other  in  the 
number  of  inhabitants  entitled  to  representation.  Each  district  shall  be 
entitled  to  one  senator  and  no  more,  and  shall  be  composed  of  compact  and 
contiguous  territory ;  and  no  portion  of  any  county  shall  be  attached  to  any 
other  county,  or  part  thereof,  so  as  to  form  a  district.  The  districts  as  thus 
ascertained  and  determined  shall  continue  until  changed  by  law. 

State  V.  Meyer,  20  N.  D.  628,  127  N.  W.  834. 

§  30.  The  senatorial  districts  shall  be  numbered  consecutively  from 
■one  upwards,  according  to  the  number  of  districts  prescribed,  and  the  sen- 
ators shall  be  divided  into  two  classes.  Those  elected  in  the  districts 
designated  by  even  numbers  shall  constitute  one  class,  and  those  elected  in 
districts  designated  by  odd  numbers  shall  constitute  the  other  class.  The 
jsenators  of  one  class  elected  in  the  year  1890  shall  hold  their  oflSce  for  two 
years,  those  of  the  other  class  shall  hold  their  office  four  years,  and  the 
-determination  of  the  two  classes  shall  be  by  lot,  so  that  one-half  of  the 
senators  as  nearly  as  practicable,  may  be  elected  biennially. 

Senate  must  be  composed  at  all  times  of  two  classes  of  senators,  as  nearly 
equal  in  number  as  practicable.     State  r.  Meyer,  20  N.  D.  628,  127  N.  W.  834. 

§  32.  The  house  of  representatives  shall  be  composed  of  not  less  than 
.«ixty,  nor  more  than  one  hundred  and  forty  members. 

§  33.    Representatives  shall  be  elected  for  the  term  of  two  years. 

§  34.  No  person  shall  be  a  representative  who  is  not  a  qualified  elector 
in  the  district  for  which  he  may  be  chosen,  and  who  shall  not  have  at- 
tained the  age  of  twenty-one  years,  and  have  been  a  resident  of  the  state 
•or  territory  for  two  years  next  preceding  his  election. 

Qualified  electors.    Wagar  v.  PrindevUlc,  21  N.  D.  245,  130  N.  W.  224. 
Imposing  additional  oath  as  qualification  for  office  invalid.     State  v.   Blais- 
dell,  18  N.  D.  55.  118  N.  W.  141. 

Members  of  state  legislature  as  public  officers.    17  L.  R.  A.  247. 
Right  of  women  to  legislative  office.    38  L.  R.  A.  210. 

§  35.  The  members  of  the  house  of  representatives  shall  be  appor- 
tioned to  and  elected  at  large  from  each  senatorial  district.  The  legisla- 
tive assembly  shall,  in  the  year  1895,  and  every  tenth  year,  cause  an 
enumeration  to  be  made  of  all  the  inhabitants  of  this  state,  and  shall  at  its 
first  regular  session  after  each  such  enumeration,  and  also  after  each  fed- 
•eral  census,  proceed  to  fix  by  law  the  number  of  senators,  which  shall  con- 
stitute the  senate  of  North  Dakota,  and  the  number  of  representatives 
which  shall  constitute  the  house  of  representatives  of  North  Dakota,  within 
the  limits  prescribed  by  this  constitution  and  at  the  same  session  shall 
proceed  to  reapportion  the  state  into  senatorial  districts,  as  prescribed  by 
this  constitution,  and  to  fix  the  number  of  members  of  the  house  of  repre- 
sentatives to  be  elected  from  the  several  senatorial  districts;  provided, 
that  the  legislative  assembly  may  at  any  regular  session,  redistrict  the 


CONSTITUTION   OF   NORTH    DAKOTA  21 


State  into  senatorial  districts,  and  apportion  the  senators  and  representa- 
tives respectively. 

State  V.  Meyer,  20  N.  D.  628,  127  N.  W.  834. 

State  V.  Olson, N.  D. .  176  N.  W.  528. 

Election  districts;  validity  of  apportionment.     15  L.  R.  A.  561. 

interference  with,  by  annexation  of  property  of  municipality. 

27  L.  R.  A.,  744. 

effect  of  laches  in  questioning  unconstitutional  apportionment 

of.    10  L.  R.  A.  (N.  S.)  1184. 

§  37.  No  judge  or  clerk  of  any  court,  secretary  of  state,  attorney  gen- 
eral, register  of  deeds,  sheriff  or  person  holding  any  office  of  profit  under 
this,  state,  except  in  the  militia  or  the  office  of  attorney  at  law,  notary 
public  or  justice  of  the  peace,  and  no  person  holding  any  office  of  profit  or 
honor  under  any  foreign  government,  or  under  the  government  of  the 
United  States,  except  postmasters  whose  annual  compensation  does  not 
exceed  the  sum  of  three  hundred  dollars,  shall  hold  any  office  in  either 
branch  of  the  legislative  assembly  or  become  a  member  thereof. 

See  opinions  of  the  attorney  general,  Nos.  1  and  2. 

§  38.  No  member  of  the  legislative  assembly,  expelled  for  corruption, 
and  no  person  convicted  of  bribery,  perjury  or  other  infamous  crime,  shall 
be  eligible  to  the  legislative  assembly,  or  to  any  office  in  either  brancb 
thereof. 

§  39.  No  member  of  the  legislative  assembly  shall,  during  the  term 
for  which  he  was  elected,  be  appointed  or  elected  to  any  civil  office  in  this 
state,  which  shall  have  been  created,  or  the  emoluments  of  which  shall 
have  been  increased,  during  the  term  for  which  he  was  elected ;  nor  shall 
any  member  receive  any  civil  appointment  from  the  governor,  or  governor 
and  senate,  during  the  term  for  which  he  shall  have  been  elected. 

State  V.  Boucher,  3  N.  D.  389,  56  N.  W.  142. 
See  opinions  of  the  attorney  general.  No.  3. 

§  40.  If  any  person  elected  to  either  house  of  the  legislative  assembly 
shall  offer  or  promise  to  give  his  vote  or  influence,  in  favor  of,  or  against 
any  measures  or  proposition  pending  or  proposed  to  be  introduced  into  the 
legislative  assembly,  in  consideration,  or  upon  conditions,  that  any  other 
person  elected  to  the  same  legislative  assembly  will  give,  or  will  promise 
or  assent  to  give,  his  vote  or  influence  in  favor  of  or  against  any  other 
measure  or  proposition,  pending  or  proposed  to  be  introduced  into  such 
legislative  assembly,  the  person  making  such  offer  or  promise  shall  be 
deemed  guilty  of  solicitation  of  bribery.  If  any  member  of  the  legislative 
assembly  shall  give  his  vote  or  influence  for  or  against  any  measure  or 
proposition,  pending  or  proposed  to  be  introduced  into  such  legislative  as- 
sembly, or  offer,  promise  to  assent  so  to  do  upon  condition  that  any  other 
member  will  give,  promise  or  assent  to  give  his  vote  or  influence  in  favor 
of  or  egninst  any  other  such  measure  or  proposition  pending  or  proposed 


22  STATE  OF  NORTH  DAKOTA 

to  be  introduced  into  such  legislative  assembly,  or  in  consideration  that 
any  other  member  hath  given  his  vote  or  influence,  for  or  against  any 
other  measure  or  proposition  in  such  legislative  assembly,  he  shall  be 
deemed  guilty  of  bribery.  And  any  person,  member  of  the  legislative  as- 
sembly or  person  elected  thereto,  who  shall  be  guilty  of  either  such  of- 
fenses, shall  be  expelled,  and  shall  not  thereafter  be  eligible  to  the  legis- 
lative assembly,  and  on  the  conviction  thereof  in  the  civil  courts,  shall  be 
liable  to  such  further  penalty  as  may  be  prescribed  by  law. 

§  41.  The  term  of  service  of  the  members  of  the  legislative  assembly 
shall  begin  on  the  first  Tuesday  in  January,  next  after  their  election. 

Applies  only  to  legislature  subsequent  to  the  first,  elected  in  the  regular 
manner  and  at  the  regular  time.  State  v.  Barnes,  3  N.  D.  319,  55  N.  W.  883. 
State  V.  Olson,  N.  D. ,  176  N.  W.  528. 

§  44.  The  governor  shall  issue  writs  of  election  to  fill  such  vacancies 
as  may  occur  in  either  house  of  the  legislative  assembly. 

§  47.  Each  house  shall  be  the  judge  of  the  election  returns  and  quali- 
fications of  its  own  members. 

Direction  by  court  that  county  auditor  put  names  of  candidates  for  senator 
on  primary  election  ballot  not  infringement  on  right  of  senate  to  judge  of 
qualifications  of  its  members.     State  v.   Meyers,  20  N.   D.  628,  127  N.   W.  834. 

Does  not  prevent  the  legislature  from  vesting  jurisdiction  in  the  courts  to 
decide  legislative  nomination  contests.  Lew  v.  Montgomery,  31  N.  D.  1,  148 
N.  W.  663. 

The  question  whether  a  senator  has  been  elected  in  the  constitutional  way  is 
not  a  judicial  question  for  the  courts  to  determine.  State  v.  Blaisdell,  18  N.  D. 
55  (64),  118  N.  W.  141. 

Even  if  it  be  conceded  that  United  States  Senators,  members  of  the  legisla- 
ture, and  officers  subject  to  impeachment  cannot  be  so  removed,  we  would  still 
have  a  valid  enactment.  Diehl  v.  Totten,  32  N.  D.  131,  155  N.  W.  74.  Ann.  Cas. 
1918  A.  884. 

§  48.  Each  house  shall  have  the  power  to  determine  the  rules  of  pro- 
ceedings, and  punish  its  members  or  other  persons  for  contempt  or  dis- 
orderly behavior  in  its  presence ;  to  protect  its  members  against  violence 
or  offers  of  bribes  or  private  solicitation  and  with  the  concurrence  of  two- 
thirds  to  expel  a  member;  and  shall  have  all  other  powers  necessary  and 
usual  in  the  legislative  assembly  of  a  free  state.  But  no  imprisonment  by 
either  house  shall  continue  beyond  thirty  days.  Punishment  for  contempt 
or  disorderly  behavior  shall  not  bar  a  criminal  prosecution  for  the  same 
offense. 

Implied  restrictions  on  the  power  of.     17  L.  R.  A.  838. 

Exception  in  constitutional  prohibition  as  limitation  upon  legislative  power. 
36  L.  R.  A.  (N.  S.)  7i. 

Power  of  legislature,  or  branch  thereof,  to  appoint  a  committee  to  sit  after 
close  of  session.     10  L.  R.  A.   (N.  S.)  172. 

§  52.  The  senate  and  house  of  representatives  jointly  shall  be  desig- 
nated as  the  Legislative  Assembly  of  the  State  of  North  Dakota. 

"Legislature"  and  "Legislative  Assembly,"  synonymous.  State  v.  Olson, 
N.  D. ,  176  N.  W.  528. 


CONSTITUTION   OF   NORTH   DAKOTA 


§  53.  The  legislative  assembly  shall  meet  at  the  seat  of  government 
at  twelve  o'clock  noon  on  the  first  Tuesday  after  the  first  Monday  in 
January,  in  the  year  next  following  the  election  of  the  members  thereof. 

Applies  only  to  legislatures  subsequent  to  the  firpt,  elected  in  the  regular 
manner  and  at  the  regular  time.  State  ex  rel.  Larabee  v.  Barnes,  3  N.  D.  319, 
55  N.  W.  883.     State  v.  Olson,  ....N.  D ,  176  N.  W.  528. 

§  61.  No  bill  shall  embrace  more  than  one  subject,  which  shall  be 
expressed  in  its  title,  but  a  bill  which  violates  this  provision  shall  be  in- 
validated thereby  only  as  to  so  much  thereof  as  shall  not  be  so  expressed. 

Ch.  25,  Laws  1895,  entitled,  "An  act  to  increase  the  revenues  of  the  state  by 
changing  and  increasing  the  boundaries  of  the  counties  of  Billings,  Stark  and 
Mercer.  The  body  of  the  act  simply  increased  the  boundaries  of  the  counties, 
invalid.  Richards  v.  Stark  Co.,  8  N.  D.  392,  79  N.  W.  863.  See  State  v.  McLean 
Co.,  11  N.  D.  356  (366),  92  N.  W.  385.  State  v.  MountraU  Co.,*2S  N.  D.  389, 
149  N.  W.  120. 

Provision  of  act  for  election  of  first  judge  germane  to  title  defining  boun- 
daries of  judicial  districts  and  providing  terms  of  court.  State  v.  Burr,  16  N.  D. 
581,  113  N.  W.  705. 

All  the  provisions  of  the  act  (Primary  Election  Law)  relating  to  the  nom- 
ination and  election  of  United  States  Senators  are  germane  to  the  subject  em- 
braced within  the  title  of  the  act.  State  v.  Blaisdell,  18  N.  D.  55,  118  N.  W.  141, 
24  L.  R.  A.   (N.  S.)  465,  138  Am.  St.  Rep.  471. 

Provision  that  list  of  names  of  voters  at  primary  take  place  of  first  regis- 
tration and  that  notice  be  given  only  of  date  of  second  day  of  registration  not 
germane  to  title  relating  only  to  nomination.  Fitzmaurice  v.  Willis,  20  N.  D. 
372,  127  N.  W.  95. 

Section  construed  in  connection  with  Art.  26  of  Amendments.  Daly  v.  Beery, 
N.   D ,  178  N.   W.   104. 

Effect  of  provisions  requiring  statute  to  embrace  but  one  subject  which  shall 
be  expressed  in  the  title.  61  Am.  Dec.  337;  64  Am.  St.  Rep.  70;  70  Am.  St.. 
Rep.  456. 

Sufficiency  of  title  of  statute  embodying  a  code  of  compilation  of  laws.  55 
L.  R.  A.  836. 

Validity  of  statute  or  ordinance  authorizing  a  levying  of  taxes,  incurring 
of  indebtdeness,  or  the  appropriation  of  money,  for  two  or  more  purposes.  14 
L.  R.  A.   (N.  S.)  519. 

Sufficiency  of  title  of  civil  service  laws.     34  L.  R.  A.  (N.  S.)  483. 

Sufficiency  of  title  of  primary  election  laws.  22  L.  R,  A.  (N,  S.)  1137;  41 
L.   R.  A.    (N.   S.)  133. 

§  08.  The  legislative  assembly  shall  pass  all  laws  necessary  to  carry 
into  effect  the  provisions  of  this  constitution. 

See  dissenting  opinion,  ex  parte  Corliss  16  N,  D.  470  (544),  114  N.  W.  962. 

§  69.     The  legislative  assembly  shall  not  pass  local  or  special  laws  in 

any  of  the  following  enumerated  cases,  that  is  to  say : 

3,  Locating  or  changing  county  seats. 

4.  Regulating  county  or  township  affairs. 

6,  Regulating  the  jurisdiction  and  duties  of  justices  of  the  peace, 
police  magistrates  or  constables. 


9.     Declaring  any  person  of  age. 


24  -    - STATE  OF  NORTH  DAKOTA 

14.  The  opening  or  conducting  of  any  election  or  designating  the 
place  of  voting. 

18.  Creating,  increasing  or  decreasing  fees,  percentages  or  allowances 
of  public  oflBcers. 

20.  Granting  to  any  corporation,  association  or  individual  the  right 
to  lay  down  railroad  tracks,  or  any  special  or  exclusive  privilege,  .im- 
munity or  franchise  whatever. 

28.  Legalizing,  except  as  against  the  state,  the  unauthorized  or 
invalid  act  of  any  officer. 

30.     Restoring  to  citizenship  persons  convicted  of  infamous  crimes. 

32.  Creating  offices,  or  prescribing  the  powers  or  duties  of  officers 
in  counties,  cities,  townships,  election  or  school  districts,  or  authorizing 
the  adoption  or  legitimation  of  children. 

33.  Incorporation  of  cities,  towns  or  villages,  or  changing  or  amending 
the  charter  of  any  town,  city  or  village. 

34.  Providing  for  the  election  of  members  of  the  board  of  super- 
visors in  townships,  incorporated  towns  or  cities. 

Ch.  56.  Laws  1890,  special  legislation,  changing  county  seats.  Edmond  vs. 
Herbrandson,  2  N.   D.  270,   50  N.   W.  970.     14  L.   R.  A.   725. 

Special  legislation,  changing  county  seats.  In  re  Connolly,  17  N.  D.  546, 
117  N.   W.   946. 

Special  legislation— par.  4  and  23.  Morton  v.  Holes,  17  N.  D.  154,  115  N. 
W.  256. 

County  seat  removal  statute,  valid,  Miller  v.  Norton,  22  N.  D.  196,  132 
N.    W.    1080. 

What  is  special  legislation  forbidden  by  constitution.     21  Am   St.   Rep.   780. 

What  are  local  or  private  statutes.     23  Am.  Dec.  543;   1  Am.   St.   Rep.  903. 

Validity  of  classification  in  Sunday  law.  14  L.  R.  A.  (N.  S.)  1259;  32 
L.    R.   A.    (N.    S.)    1190. 

Primary    election   law   as    special    or   local    law.     41    L.    R.    A.    (N.    S.)    135. 

Statute  providing  for  commission  form  of  government  as  special  and  local 
legislation.     41   L.   R.  A.    (N.  "S.)    112. 

Curative  act  as  special  legislation.  5  L.  R.  A.  (N.  S.)  327;  22  L.  R.  A. 
(N.   S.)  534;   42  L.   R.  A.  (N.   S.)  465. 

Consideration  of  extrinsic  evidence  to  show  unconstitutionality  of  statute 
attacked  as  local.     14  L.   R.   A.   459. 

Attack  on  enrolled  bill  for  failure  to  give  notice  of  application  for  passage 
of.     40  L.  R.  A.   (N.   S.)  28. 

§  70.  In  all  other  cases  where  a  general  law  can  be  m-ide  aplicable, 
no  special  law  shall  be  enacted ;  nor  shall  the  legislative  assembly  indirectly 
enact  such  special  or  local  law  by  the  partial  repeal  of  a  general  law; 
but  laws  repealing  local  or  special  acts  may  be  pissed. 

Special  or  local  legislation  where  general  laws  can  be  made  applicable. 
93    Am.    St.    Rep.    106. 

General  laws  must  be  enacted  where  applicable;  legislative  discretion.  14 
L.  R.  A.  566. 


CONSTITUTION   OF  NORTH   DAKOTA 


ARTICLE  3— EXECUTIVE  DEPARTMENT. 

§  71.  The  executive  power  shall  be  vested  in  a  governor,  who  shair 
reside  at  the  seat  of  government  and  shall  hold  his  office  for  the  ternk 
of  two  years  and  until  his  successor  is  elected  and  duly  qualified. 

Appointment  to  office  as  an  executive  function.  State  v.  Boucher,  3  N.  D. 
389,  56  N.   W.  142. 

Distribution  of  powers,  legislative,  executive,  jixiicial.  State  v.  Blaisdell, 
22  N.  D.  86,  132  N.  W.  769.  Ann.  Cas.  1913  E,  1089.  State  v.  Hall,  35  N.  D. 
34  (61),.  159  N.   W.  281. 

I  72.  A  lieutenant  governor  shall  be  elected  at  the  same  time  and 
for  the  same  term  as  the  governor.  In  case  of  the  death,  impeachment, 
resignation,  failure  to  qualify,  absence  from  the  state,  removal  from  office, 
or  the  disability  of  the  governor,  the  powers  and  duties  of  the  office  for 
the  residue  of  the  term,  or  until  he  shall  be  acquitted  or  the  disability 
be  removed,  shall  devolve  upon  the  lieutenant  governor. 

§  73.  No  person  shall  be  eligible  to  the  office  of  governor  or  lieutenant 
governor  unless  he  be  a  citizen  of  the  United  States,  and  a  qualified 
elector  of  the  state,  who  shall  have  attained  the  age  of  thirty  years, 
and  who  shall  have  resided  five  years  next  preceding  the  election 
within  the  state  or  territory,  nor  shall  he  be  eligible  to  any  other  office 
during  the  term  for  which  he  shall  have  been  elected. 

Women  not  electors.     Wagar  v.  Prindeville.     21  N.  D.  245,  130  N.  W.  224. 

§  74.  The  governor  and  lieutenant  governor  shall  be  elected  by  the 
qualified  electors  of  the  state  at  the  time  and  places  of  choosing  members 
of  the  legislative  assembly.  The  i)ersons  hiving  the  highest  number  of 
votes  for  governor  and  lieutenant  governor  respectively  shall  be  declared 
elected,  but  if  two  or  more  shall  have  an  equal  and  highest  number  of 
votes  for  governor  or  lieutenant  governor,  the  two  houses  of  the  legis- 
lative assembly  at  its  next  regular  session  shall  forthwith,  by  joint  ballot, 
choose  one  of  such  persons  for  said  office.  The  returns  of  the  election 
for  governor  and  lieutenant  governor  shall  be  made  in  such  manner  as 
shall  be  prescribed  by  law. 

§  77.  The  lieutenant  governor  shall  be  president  of  the  senate,  but 
shall  have  no  vote  unless  they  be  equally  divided.  If,  during  a  vacancy 
in  the  office  of  governor,  the  lieutenant  governor  shall  be  imi>eached,  dis- 
placed, resign  or  die,  or  from  mental  or  physical  disease,  or  otherwise 
become  incapable  of  performing  the  duties  of  his  office,  the  secretary  of 
state  shall  act  as  governor  until  the  vacancy  shall  be  filled  or  the  dis- 
ability removed. 

§  78.  When  any  office  shall  from  any  cause  become  vacant,  and  no 
mode  is  provided  by  the  constitution  or  law  for  filling  such  vacancy,  the 
Rovernor  shall  have  power  to  fill  such  vacancy  by  appointment. 


26  STATE  OF  NORTH  DAKOTA 


Governor  may  fill  vacancies  only  where  neither  constitution  nor  law  has 
made  provision  therefor.  State  v.  Boucher,  3  N.  D.  389,  21  L.  R.  A.  539,  56  N. 
W.  142.  State  v.  Crawford,  36  N.  D.  385,  162  N.  W.  710.  State  v.  Scow,  38 
N.   D.  246,  164  N.    W.  939. 

Power  of  governor  to  make  ad  interim  appointment  to  an  office  whose 
fixed  term  expires  before  the  senate's  adjournment,  where  the  incumbent  is 
authorized  to  hold  over  until  his  successor  is  appointed.  465  L.  R.  A.  (N.  S.) 
1202. 

§  81.  Any  governor  of  this  state  who  asks,  receives  or  agrees  to  re- 
ceive any  bribe  upon  any  understanding  that  his  official  opinion,  judg- 
ment or  action  shall  be  influenced  thereby  or  who  gives  or  offers,  or 
promises  his  official  influence  in  consideration  that  any  member  of  the 
legislative  assembly  shall  give  his  official  vote  or  influence  on  any  par- 
ticular side  of  any  question  or  matter  upon  which  he  may  be  required 
to  act  in  his  official  capacity,  or  who  menaces  any  member  by  the  threat- 
ened use  of  his  veto  power,  or  who  offers  or  promises  any  member  that 
he,  the  said  governor,  will  appoint  any  particular  person  or  persons  to 
any  office  created  or  thereafter  to  be  created,  in  consideration  that  any 
member  shall  give  his  official  vote  or  influence  on  any  matter  pending  or 
thereafter  to  be  introduced  into  either  house  of  said  legislative  assembly, 
or  who  threatens  any  member  that  he,  the  said  governor,  will  remove  any 
person  or  persons  from  office  or  position  with  intent  in  any  manner  to 
influence  the  action  of  said  member,  shall  be  punished  in  the  manner 
now,  or  that  may  hereafter,  be  provided  by  luw,  and  upon  conviction 
thereof  shall  forfeit  all  right  to  hold  or  exercise  any  office  of  trust  or 
honor  in  this  state. 

§  82.  There  shall  be  chosen  by  the  qualified  electors  of  the  state 
at  the  times  and  places  of  choosing  members  of  the  legislative  assembly, 
a  secretary  of  state,  auditor,  treasurer,  superintendent  of  public  instruc- 
tion, commissioner  of  insurance,  three  commissioners  of  railroads,  an 
attorney  general  and  one  commissioner  of  agriculture  and  labor,  who 
shall  have  attained  the  age  of  twenty-five  years,  shall  be  citizens  of  the 
United  States,  and  shall  have  the  qualifications  of  state  electors.  They 
shall  severally  hold  their  offices  at  the  seat  of  government,  for  the  term 
of  two  years  and  until  their  successors  are  elected  and  duly  qualified, 
but  no  person  shall  be  eligible  to  the  office  of  treasurer  for  more  than 
two  consecutive  terms. 

Commissioners  of  railroads.     State  v.  Currie,  3  N.   D.  310,  55  N.   W.  858. 
Attorney    General.      State    v.    District    Ct.,    19    N.    D.    819,    124    N.    W.    417. 
State  V.  Reiser,  20  N.  D.  357,  127  N.  W.  72. 

Women  not  qualified  electors.  Wagar  v.  Prindeville,  21  N.  D.  245,  130  N. 
W.   224. 

Superintendent  of  public  instruction.     Kretchmer  v.   School   Board,  34  N.    D. 

403   (414),   158  N.    W.  993.     McDonald   v.    Nielson,    N.    D ,    175   N.    W. 

361.     State  v.   Totten N.   D 175   N.    W.   563. 


CONSTITUTION   OF   NORTH    DAKOTA  27 


ARTICLE  4— JUDICIAL  DEPARTMENT 

§  85.  The  judicial  power  of  the  state  of  North  Dakota  shall  be 
vested  in  a  supreme  court,  district  courts,  county  courts,  justices  of  the 
peace,  and  in  such  other  courts  as  may  be  created  by  law  for  cities, 
incorporated  towns  and  villages. 

Judicial  office  created  by  constitution  cannot  be  abolished  nor  can  juris- 
diction as  to  amount  involved  be  increased  or  diminished  by  legislature.  Mc- 
Dermont   v.   Dinnie,  6  N.    D.   278,  69  N.   W.  294. 

Sufficiency  of  initiative  petitions  a  judicial  question.  State  v.  Hall,  35  N.  D. 
34.  159  N.   W.   281. 

Statute  vesting  in  governor  power  to  remove  certain  public  officers  for  mal- 
feasance and  disregard  of  official  duty,  valid.  State  v.  Frazier,  39  N.  D.  430, 
167    N.    W.    510. 

§  89.  The  supreme  court  shall  consist  of  three  judges,  a  majority 
of  whom  shall  be  necessary  to  form  a  quorum  or  pronounce  a  decision,  but 
one  or  more  of  said  judges  may  adjourn  the  court  from  day  to  day  or  to  a 
day  certain. 

See  articles  10  &  25  of  amendments. 

A  judge  of  the  district  court  who  is  called  to  sit  in  the  place  of  a  judge 
of  the  supreme  court  becomes  a  justice  of  the  supreme  court  for  all  purposes 
in  the  case  in  which  he  is  called,  and  is  invested  with  the  same  power  and 
authority  conferred  upon  a  justice  of  the  supreme  court.  State  v,  Robinson, 
35  N.  D.  410,  160  N.  W.  512.     State  v.  Robinson,  35  N.  D.  417,  160  N.  W.  514. 

§  90.  The  judges  of  the  supreme  court  shall  be  elected  by  the  quali- 
fied electors  of  the  state  at  large,  and  except  as  may  be  otherwise  provided 
herein  for  the  first  election  for  judges  under  this  constitution, «sa id  judges 
shall  be  elected  at  general  elections. 

Qualified  electors.     Wagar  v.  Prindeville,  21  N.  D.  245,  130  N.  W.  224. 

§  91.  The  term  of  office  of  the  judges  of  the  supreme  court,  except 
as  in  this  article  otherwise  provided,  shall  be  six  years,  and  they  shall 
hold  their  offices  until  their  successors  are  duly  qualified. 

§  92.  The  judges  of  the  supreme  court  shall,  immediately  after  the 
first  election  under  this  constitution,  be  classified  by  lot  so  that  one 
shall  hold  his  office  for  the  term  of  three  years,  one  for  the  term  of 
five  years,  and  one  for  the  term  of  seven  years  from  the  first  Monday  in 
December.  A.  D.  1889.  The  lots  shall  be  drawn  by  the  judges,  who  shall 
for  that  purpose  assemble  at  the  seat  of  government,  and  they  shall 
cause  the  result  thereof  to  be  certified  to  the  secretary  of  the  territory  and 
filed  in  his  office,  unless  the  secretary  of  state  of  North  Dakota  shall  have 
entered  upon  the  duties  of  his  office,  in  which  event  said  certification  shall 
be  filed  therein.  The  judge  having  the  shortest  term  to  serve,  not  hold- 
ing his  office  by  election  or  appointment  to  fill  a  vacancy,  shall  be  chief 
justice  and  shall  preside  at  all  terms  of  the  supreme  court,  and  in  case 
of  his  absence  the  judge  having  in  like  manner  the  next  shortest  term 
to  serve  shall  preside  in  his  stead. 


28  STATE  OF  NORTH  DAKOTA 

Judges  of  the  supreme  court,  save  the  first  three,  begin  their  terms  of 
office,  on  the  first  Monday  in  January  following  their  election.  State  v. 
Robinson,  35  N.  D.   417,  160  N.   W.   514. 

§  94.  No  person  shall  be  eligible  to  the  office  of  judge  of  the  supreme 
court  unless  he  be  learned  in  the  law,  be  at  least  thirty  years  of  age  and 
a  citizen  of  the  United  States,  nor  unless  he  shall  have  resided  in  this 
state  or  the  territory  of  Dakota  three  years  next  preceding  his  election. 

§  98.  Any  vacancy  happening  by  death,  resignation  or  otherwise  in 
the  office  of  judge  of  the  supreme  court  shall  be  filled  by  appointment, 
by  the  governor,  which  appointment  shall  continue  until  the  first  general 
election  thereafter,  when  said  vacancy  shall  be  filled  by  election. 

§  104.  The  state  shall  be  divided  into  six  judicial  districts,  in  each 
of  which  there  shall  be  elected  at  general  election,  by  the  electors  thereof, 
one  judge  of  the  district  court  therein,  whose  term  of  office  shall  be  four 
years  from  the  first  Monday  in  January  succeeding  his  election  and  until 
bis  successor  is  duly  qualified.  This  section  shall  not  be  construed  as 
governing  the  first  election  of  district  judges  under  this  constitution. 
For  present  districts  see  Ch.  167,  S.  L.  1919. 

§  106.  The  legislative  assembly  may  whenever  two-thirds  of  the 
members  of  each  house  shall  concur  therein,  but  not  oftener  than  once 
in  four  years  increase  the  number  of  said  judicial  districts  and  the  judges 
thereof;  such  districts  shall  be  formed  from  compact  territory  and  bounded 
by  county  lines ;  but  such  increase  or  change  in  the  boundaries  of  the 
districts  shall  not  work  the  removal  of  any  judge  from  his  office  during 
the  term  for  which  he  may  have  been  elected  or  appointed. 

§  107.  No  person  shall  be  eligible  to  the  office  of  district  judge, 
unless  he  be  learned  in  the  law,  be  at  least  twenty-five  years  of  age,  and 
a  citizen  of  the  United  States,  nor  unless  he  shall  have  resided  within  the 
State  or  Territory  of  Dakota  at  least  two  years  next  preceding  his  elec- 
tion, nor  unless  he  shall  at  the  time  of  his  election  be  an  elector  within 
the  judicial  district  for  which  he  is  elected. 

§  108.  There  shall  be  a  clerk  of  the  district  court  in  each  organized 
county  in  which  a  court  is  holden  who  shall  be  elected  by  the  qualified 
electors  of  the  county,  and  shall  hold  his  office  for  the  same  term  as  other 
county  officers.  He  shall  receive  such  compensation  for  his  services  as 
may  be  prescribed  by  law. 

COUNTY  COURTS 

§  110.  There  shall  be  established  in  each  county  a  county  court, 
which  shall  be  a  court  of  record  open  at  all  times  and  holden  by  one 
judge,  elected  by  the  electors  of  the  county,  and  whose  term  of  office 
shall  be  two  years. 

McDermont  v.   Dinnie,  6  N.  D.  278,  69  N.   W.  294. 

§  111.  The  county  court  shall  have  exclusive  original  jurisdiction  in 
probate  and  testamentary  matters,  the  appointment  of  administrators  and 
guardians,  the  settlement  of  che  accounts  of  executors,  administrators  and 


CONSTITUTION  OF  NORTH   DAKOTA 


guardians,  the  sale  of  lands  by  executors,  administrators  and  guardians,  and 
such  other  probate  jurisdiction  as  may  be  conferred  by  law ;  provided,  that 
whenever  the  voters  of  any  county  having  a  population  of  two  thousand 
or  over  shall  decide  by  a  majority  vote  that  they  desire  the  jurisdiction  of 
said  court  increased  above  that  limited  by  this  constitution,  then  said 
county  court  shall  have  concurrent  jurisdiction  with  the  district  courts  in  all 
civil  actions  where  the  amoimt  in  controversy  does  not  exceed  one  thousand 
dollars,  and  in  all  criminal  actions  below  the  grade  of  felony,  and  in  case 
it  is  decided  by  the  voters  of  any  county  to  so  increase  the  jurisdiction  of 
said  county  court,  the  jurisdiction  in  cases  of  misdemeanors  arising  under 
state  laws  which  may  have  been  conferred  upon  police  magistrates,  shall 
cease.  The  qualifications  of  the  judge  of  the  county  court  in  coimties  where 
the  jurisdiction  of  said  court  shall  have  been  increased  shall  be  the  same  as 
those  of  the  district  judge,  except  that  he  shall  be  a  resident  of  the  county 
at  the  time  of  his  election,  and  said  county  judge  shall  receive  such  salary 
for  his  services  as  may  be  provided  by  law.  In  case  the  voters  of  any 
county  decide  to  increase  the  jurisdiction  of  said  county  courts,  then  such 
jurisdiction  as  thus  increased  shall  remain  until  otherwise  as  provided 
by  law. 

Jurisdiction  of  police  magistrate  where  county  court  hat  increased  jurti- 
diction.     State  t.  Russell,  18  N.  D.  357,  121  N.  W.  9ia 

"Majority  vote"  means  majority  of  votes  cast  on  question  of  increased 
jurisdiction,  and  not  majority  of  all  votes  cast  at  the  election.     State  v.  Fabrick, 

18  N.  D.  402,  121  N.  W.  65,  State  v.  State  Board  of  Canvassers N.  D 

172  N.  W.  80. 

JUSTICES  OF  THE  PEACE 

§  112.  The  legislative  assembly  shall  provide  by  law  for  the  elec- 
tion of  justices  of  the  peace  in  each  organized  county  within  the  state. 
But  the  number  of  said  justices  to  be  elected  in  each  organized  county 
shall  be  limited  by  law  to  such  a  number  as  shall  be  necessary  for  the 
proper  administration  of  justice.  The  justices  of  the  peace  herein  provided 
for  shall  have  concurrent  jurisdiction  with  the  district  court  in  all  civil 
actions  when  the  amount  in  controversy,  exclusive  of  costs,  does  not  ex- 
ceed two  hundred  dollars,  and  (lq  counties  where  no  county  court  with 
criminal  jurisdiction  exists)  they  shall  have  such  jurisdiction  to  hear  and 
determine  cases  of  misdemeanor  as  may  be  provided  by  law,  but  in  no  case 
shall  said  justices  of  the  peace  have  jurisdiction  when  the  boundaries 
of  or  title  to  real  estate  shall  come  in  question.  The  legislative  assembly 
shall  have  power  to  abolish  the  office  of  justice  of  the  peace  and  confer 
that  jurisdiction  upon  judges  of  county  courts  or  elsewhere. 

POLICE  MAGISTRATES 

§  113.  The  legislative  assembly  shall  provide  by  law  for  the  elec- 
tion of  police  magistrate  in  cities,  incorporated  towns,  and  villages,  who 
In  addition  to  their  jurisdiction  of  all  cases  arising  under  the  ordinance! 


30  STATE  OF  NORTJI  DAKOTA 

of  said  cities,  towns  and  villages,  shall  be  ex-officio  justices  of  the  peace 
of  the  county  in  which  said  cities,  towns  and  villages  may  be  located.  And 
the  legislative  assembly  may  confer  upon  said  police  magistrates  the 
jurisdiction  to  hear,  try  and  determine  all  cases  of  misdemeanors,  and 
the  prosecutions  therein  shall  be  by  information, 

A  police  magistrate  cannot  be  abolished  or  superseded  by  a  statute  creat- 
ing a  municipal  court.     McDermont   v.   Dinnie,  6  N.   D.   278,  69  N.    W.   294. 

Jurisdiction  where  county  court  has  increased  jurisdiction.  State  v.  Russell, 
18  N.  D.  357,  121  N.  W.  918. 

§  117.  No  judge  of  the  supreme  or  district  court  shall  act  as  attorney 
or  counselor  at  law. 

§  119.  No  judge  of  the  supreme  or  district  courts  shall  be  elected 
or  appointed  to  any  other  than  judicial  offices  or  be  eligible  thereto  dur- 
ing the  term  for  which  he  was  elected  or  appointed  such  judge.  All 
votes  or  appointment  for  either  of  them  for  any  elective  or  appointive 
oflBce  except  that  of  judge  of  the  supreme  court,  or  district  court,  given 
by  the  legislative  assembly  or  the  people,  shall  be  void. 

State  V.  Langer,   N.   D 177  N.   W.  408. 

§  120.  Tribunals  of  conciliation  may  be  established  with  such  powers 
and  duties  as  shall  be  prescribed  by  law,  or  the  powers  and  duties  of  such 
may  be  conferred  upon  other  courts  of  justice;  but  such  tribunals  or 
other  courts  when  sitting  as  such,  shall  have  no  power  to  render  judg- 
ment to  be  obligatory  on  the  parties,  unless  they  voluntarily  submit  their 
matters  of  difference  and  agree  to  abide  the  judgment  of  such  tribunals  or 
courts. 

Contemplates  the  establishment  of  a  tribunal  which,  by  the  agreement  of 
the  parties,  would  possess  the  power  to  determine  a  controversy,  and  to  render 
a   valid   and   binding   judgment   therein. 

Lewis  V.  Gallup,  5  N.  D.  384  (392),  67  N.   W.  137. 

ARTICLE   5— ELECTIVE   FRANCHISE 

§  121.  Every  male  person  of  the  age  of  twenty-one  years  or  upwards 
belonging  to  either  of  the  following  classes,  who  shall  have  resided  in  the 
state  one  year,  in  the  county  six  months  and  in  the  precinct  ninety  days 
next  preceding  any  election,  shall  be  deemed  a  qualified  elector  at  such 
election : 

1.  Citizens  of  the  United  States. 

2.  Persons  of  foreign  birth  who  shall  have  declared  their  intention 
to  become  citizens,  one  year  and  not  more  than  six  years  prior  to  such 
election,  conformably  to  the  naturalization  laws  of  the  United  States. 

3.  Civilized  persons  of  Indian  descent  who  shall  have  severed  their 
tribal  relations  two  years  next  preceding  such  election. 

See  Articles  2,   36,   and  37  of  Amendments. 


CONSTITUTION    TF    X  IRTH    DAKOTA 


Sec.  480,  R.  C,  in  so  far  as  it  is  a  restriction  upon  the  right  of  suffrage,  is 
unconstitutional.     State  v.   Denoyer,  6  N.   D.   586,  12  N.    W.   1014.     See  State  v. 
Mountrail  Co.,  28  N.   D.  389,  149  N.   W.   120. 
LaDuke   v.   Melin N.    D 177   N.   W.  673. 

Not    self  executing.     Miller  v.   Schallern,  8   N.    D.   395   (400),   79  N.    W.   865. 

Prescribes  the  qualifications  for  electors  at  any  election  including  a  primary 
election.  Johnson  v.  Grand  Forks  Co.,  16  N.  D.  363,  113  N.  W.  1071,  125  Am. 
St.  Rep.  662. 

The  word  electors  as  used  in  section  168  means  all  persons  possessing  the 
qualifications  prescribed  by  section  121,  in  order  to  entitle  them  to  vote.  State 
V.  Blaisdell,   18  N.  D.  31,  119  N.   W.  360. 

Qualified  electors  are  male  persons  only  possessing  the  other  qualifications 
enumerated.     Wagar  v.   Prindeville,  21  N.  D.  245,  130  N.   W.  224. 

Fees  required  of  candidates,  \%  of  salary,  invalid.  Johnson  v.  Grand 
Forks  Co.,  22  N.  D.  613,  135  N.   W.  179. 

The  primary  election  is  a  special  or  partisan  election,  the  purpose  thereof 
determinable  by  legislature.  State  v.  Flaherty,  21  N.  D.  313.  41  L.  R.  A.  (N.  S.) 
132,   136   N.    W.    76. 

Does  not  prescribe  rule  of  voting;  election  held  at  one  place  instead  of  in 
four  separate  wards,  as  required  by  statute,  valid.  Kerlin  v.  Devils  Lake, 
25  N.  D.  207,  141  N.  W.  756.     Ann.  Cas.  1915  C.  624. 

What  constitutes  residence.  Nelson  v.  Gass,  ZJ  N.  D.  357,  146  N.  W.  537, 
Ann.   Cas.  1915  C.  796. 

Question  of  election  precinct  lying  in  part  in  two  counties.  State  v.  Nichols, 
39  N.  D.  4,  166  N.   W.  813. 

State  v.  Wetz,  40  N.   D.  299.  168  N.  W.  835.  5  L.  R.  A.  731. 

Englund  v.  Townley,  40  N.  D.  618,  174  N.  W.  755. 

Does  not  preclude  the  legislature  from  authorizing  women  to  vote  for 
village  officers.     Spatgen  v.  O'Neill,    N.    D 169  N.    W.   491. 

Delegates  to  national  conventions  not  required  to  possess  constitutional 
qualifications   of   an   elector.     State   v.    Hall,    N.    D ,    176   N.   W.   921. 

Trust   patent   Indians   may   be  qualified  electors.     Swift   v.    Leach N. 

D ,    178   N.    W.    437. 

How  far  right  to  vote  is  absolute.     25  L.  R.  A.  480. 

Does  "residence,"  as  a  qualification  of  voters  mean  "domicil,"  19  L.  R.  A. 
(N.  S.)  759. 

Acquiring  residence  as  a  voter  while  attending  school  or  public  institution. 
23  L.  R.  A.  215;  40  L.  R.  A.   (N.  S.)  168. 

§  122.  The  legislative  assembly  shall  be  empowered  to  make  further 
extensions  of  suffrage  hereafter,  at  its  discretion,  to  all  citizens  of  mature 
age  and  sound  mind,  not  convicted  of  crime,  without  regard  to  sex :  but 
no  law  extending  or  restricting  the  right  of  suffrage  shall  be  in  force 
until  adopted  by  a  majority  of  the  electors  of  the  state  voting  at  a 
general  election, 

A  law  restricting  right  of  Indians  to  vote  of  no  effect  where  not  adopted 
by  majority  of  votes  at  general  election.  State  v.  Denover,  6  N.  D.  586,  72 
N.  W.  1014. 

Party  enrollment  statute  not  a  restriction  of  the  right  of  suffrage.  State 
V.  Flaherty,  2Z  N.  D.  313,  41  L.  R.  A.   (N.  S.)  132,  136  N.  W.  76. 

Law  authorizing  women  to  vote  for  village  officers  valid.  Spatgen  v, 
O'Neill,  40  N.   D.  618,  169  N.  W.  491. 

Majority    of    the    electors.      State    v.    State    Board    of    Canvassers N. 

D ,  172  N.  \V.  80  (97). 

§  123.  Electors  shall  in  all  cases  except  treason,  felony,  breach  of  the 
peace  or  iHegal  voting,  be  privileged  from  arrest  on  the  days  of  election 


32  STATE  OF  NORTH  DAKOTA 

during  their  attendance  at,  going  to  and  returning  from  such  election, 
and  no  elector  shall  be  obliged  to  perfprm  military  duty  on  the  day  of 
election,  except  in  time  of  war  or  public  danger. 

§  124.  The  general  elections  of  the  state  shall  be  biennial,  and  shall 
be  held  on  the  first  Tuesday  after  the  first  Monday  in  November,  provided, 
that  the  first  general  election  under  this  constitution  shall  be  held  on  the 
first  Tuesday  after  the  first  Monday  in  November,  A.  D.  1890. 

Fixes  time  of  holding  general  election,  legislature  simply  to  prescribe  regula- 
tions and  officers  to  be  elected.  State  v.  Flaherty,  23  N.  D.  313,  41  L.  R.  A. 
(N.  S.)   132,   136  N.   W.   76. 

O'Laughlin  v.  Carlson,  30  N.  D.   213,  152  N.   W.  675. 

§  125.  No  elector  shall  be  deemed  to  have  lost  his  residence  in  this 
state  by  reason  of  his  absence  on  business  of  the  United  States  or  of  his 
state,  or  in  the  military  or  naval  service  of  the  United  States. 

§  126.  No  soldier,  seaman  or  marine  in  the  army  or  navy  of  the 
United  States  shall  be  deemed  a  resident  of  this  state  in  consequence  of  his 
being  stationed  therein. 

§  127.  No  person  who  is  under  guardianship,  non  compos  mentis  or 
insane,  shall  be  qualified  to  vote  at  any  election,  nor  shall  any  person  con- 
victed of  treason  or  felony,  unless  restored  to  civil  rights. 

See  Article  2  of  Amendments. 

Johnson  v.  Grand  Forks  Co.,  16  N.  D.  363,  113  N.  W.  1071,  125  Am.  St. 
Rep.  662. 

State  V.  Wetz,  40  N.  D.  298,  168  N.  W.  835,  5  A.  L.  R.  731. 

Does  not  apply  to  this  federal  status  of  Indians.  State  v.  Leach,  ..N.  D..., 
178  N.  W.  437. 

§  128.  Any  woman  having  the  qualifications  enumerated  in  section  121 
of  this  article  as  to  age,  residence  and  citizenship,  and  including  those  now 
qualified  by  the  laws  of  the  territory  may  vote  for  all  school  oflBcers,  and 
upon  all  questions  pertaining  solely  to  school  matters,  and  be  eligible  to  any 
school  ofiice. 

Does  not  make  women  electors,  but  places  them  in  a  separate  class  of  citi- 
zens, and  gives  them  a  limited  elective  franchise.  Wagar  v.  Prindeville,  21 
N.  D.  245,  130  N.  W.  224. 

Spatgen  v.  O'Neill,  40  N.  D.  618,  169  N.  W.  491. 

McDonald  v.  Nielson N.  D 175  N.  W.  361. 

§  129.  All  elections  by  the  people  shall  be  by  secret  ballot,  subject  to 
such  regulations  as  shall  be  provided  by  Jaw. 

The  effect  of  these  two  sections  (121,  129)  is  to  confer  upon  certain  inhabit- 
ants of  the  state,  the  priviege  of  voting  by  a  secret  ballot  subject  to  such  regu- 
lations as  shall  be  provided  by  law.  Miller  v.  Schallern,  8  N.  D.  395,  79  N.  W. 
865. 

Not  self  executing,  but  a  command  to  the  legislature  to  provide  an  election 
system  which  shall  embrace  a  secret  ballot.  Perry  v.  Hackney,  11  N.  D.  148, 
90  N.  W.  483. 

Not  impaired  by  requiring  voter  at  continuation  of  June  primary  at  general 
election   to   call   for  party  ballot   in   voting   for   senator.     State   v.    Blaisdell,   18 


CONSTITUTION   OF   NORTH   DAKOTA  33 


N  .D.  55,  24  L.  R.  A.  (N.  S.)  465.  118  N.  W.  141,  138  Am.  St.  Rep.  741. 

Constitution  permits  legislature  to  prescribe  regulations  for  fair  and  free 
elections.     Fitzmaurice  v.  Willis,  20  N.  D.  112  (381),  127  N.  W.  95. 

Party  primary  does  not  violate  secrecy  of  the  ballot.  State  v.  Flaherty,  23 
N.  D.  313;  41  L.  R.  A.  (N.  S.)  132,  136  N.  W.  76. 

See  Kerlin  v.  Devils  Lake,  25  N.  D.  207  (251),  141  N.  W.  756,  Ann.  Cas.  1915 
C.  624. 

ARTICLE   6.— MUNICIPAL   CORPORATIONS. 

§  130.  The  legislative  assembly  shall  provide  by  general  law  for  the 
organization  of  municipal  corporations,  restricting  their  powers  as  to  levy- 
ing taxes  and  assessments,  borrowing  money  and  contracting  debts,  and 
money  raised  by  taxation,  loan  or  assessment  for  any  purpose  shall  not  be 
diverted  to  any  other  purpose  except  by  authority  of  law. 

Fundamental  principle  of  law  and  recognized  by  sec.  130,  that  the  creation 
of  mimicipal  corporations  is  a  legislative  function.  Glasspel  v.  Jamestown,  11 
N.  D.  86,  88  N.  W.  1023. 

Legislature  has  power  to  organize  people  within  the  state  into  cities  and  vil- 
lages.    State  V.   Clark,  21  N.  D.  517  (523),   131   N.   W.   715. 

Power  of  the  legislature  to  control  cities  and  villages  in  matters  of  public 
concern  is  only  limited  by  the  provision  that  the  law  shall  be  general.  State  v. 
Taylor,  ZZ  N.  D.  76  (111),  156  N.  W.  561.  Runge  v.  Glerum,  VI  N.  D.  618  (629), 
164  N.  W.  284. 

Gives  to  the  legislature  not  merely  the  power  to  create  but  the  power  to  con- 
trol.    State  V.  Frazier,  39  N.  D.  430,  167  N.  W.  510. 

Legislature  may  authorize  women  to  vote  for  municipal  officers.  Spatgen 
V.  O'Neil,  40  N.  D.  618,  169  N.  W.  491. 

§  150.  A  superintendent  of  schools  for  each  county  shall  be  elected 
every  two  years,  whose  qualifications,  duties,  powers  and  compensation 
shall  be  fixed  by  law. 

Provides  for  the  biennial  election  of  a  county  superintendent  of  schools, 
leaving  it  to  the  legislature  to  determine  time  of  election  and  term  of  office. 
Jenners  v.  Clark,  21  N.  D.  150,  129  N.  W.  357,  Ann.  Cas.  1913  B.  675. 

ARTICLE  10.— COUNTY  AND  TOWNSHIP  ORGANIZATION. 

§  16C.  The  several  counties  in  the  territory  of  Dakota,  lying  north  of 
the  seventh  standard  parallel,  as  they  now  exist,  are  hereby  declared  to  be 
counties  of  the  state  of  North  Dakota. 

Right  to  local  self  government,  sections  166-173  of  the  Constitution.  Ex 
parte  Corliss,  16  N.  D.  470,  114  N.  W.  962. 

State  V.  Taylor,  Zi  N.  D.  76,  156  N.  W.  561,  L.  R.  A.  1918  B.  156. 
State  V.  Frazier,  39  N.  D.  430,  167  N.  W.  510. 
Daly  V.  Beery,  ....N.  D ,  178  N.  W.  104. 


State  V.  Stark  Co.,  14  N.  D.  368,  103  N.  W.  913. 
Braaten  v.  Olson,  28  N.  D.  235,  148  N.  W.  829. 

§  1G7.     The  legislative  assembly  shall  provide  by  general  law  for  or- 
ganizing new  counties,  locating  the  county  seats  thereof  temporarily,  and 


34  STATE  OF  NORTH  DAKOTA 

changing  county  lines;  but  no  new  county  shall  be  organized,  nor  shall  any 
organized  county  be  so  reduced  as  to  include  an  area  of  less  than  twenty- 
four  congressional  townships,  and  containing  a  population  of  less  th-in  one 
thousand  bona  fide  inhabitants.  And  in  the  organization  of  new  counties 
and  in  changing  the  lines  of  organized  counties  and  boundaries  of  con- 
gressional townships  the  natural  boundaries  shall  be  observed  i:s  nearly 
as  may  be. 

Special  law  for  the  alteration  of  county  boundaries,  invalid.  State  v.  Stark 
Co.,  14  N.  D.  368,  103  N.  W.  913.  See  State  v.  Nohle,  16  N.  D.  168,  112  N.  W. 
141,  125  Am.  St.  Rep.  628. 

Boundary  designated  as  east  and  north  bank  of  Missouri  river  instead  of 
center  of  main  channel.     State  v.  Meyers,  19  N.  D.  804,  124  N.  \V.  701. 

Braaten  v.  Olson,  28  N.  D.  235,  148  N.  W.  829. 

Legislature  cannot  create  counties  or  locate  county  seats  by  special  acts. 
State  V.  Anders,  30  N.  D.  572,  152  N.  W.  801. 

§  168.  All  changes  in  the  boundaries  of  organized  counties  before 
taking  effect  shall  be  submitted  to  the  electors  of  the  county  or  counties  to 
be  affected  thereby  at  a  general  election  and  be  adopted  by  a  majority  of 
all  the  legal  votes  cast  in  each  county  at  such  election ;  and  in  case  any 
portion  of  an  organized  county  is  stricken  off  and  added  to  another,  the 
county  to  which  such  portion  is  added  shall  assume  and  be  holden  for  an 
equitable  proportion  of  the  indebtedness  of  the  county  so  reduced. 

An  act  to  settle  boundary  disputes  and  to  confirm  nonjurisdictional  acts,  is 
invalid  in  part,  where  it  contains  no  provision  for  submission  to  voters.  Schaff- 
ner  v.  Young.  10  N.  D.  245,  86  N.  W.  7ii. 

Applies  to  organized  counties  only;  act  authorizing  submission  of  proposed 
changes  also  to  voters  of  unorganized  counties  whose  territory  is  to  be  annexed, 
invalid.     State  v.  Stark  Co.,  14  N.  D.  368,  103  N.  W.  91i. 

Majority  of  votes  on  question  of  change  of  county  boundaries  instead  of 
majority  of  entire  vote  cast,  sufficient.  State  v.  Blaisdell,  18  N.  D.  31,  119 
N.  W.  360.  State  v.  Willis,  19  N.  D.  209,  124  N.  W.  706.  State  v.  Thompson, 
24  N.  D.  273  (297),  139  N.  W.  960. 

State  V.  State  Board  of  Canvassers,  ....N.  D ,  172  N.  W.  80. 

When  change  becomes  effective.  Murray  v.  Davis,  21  N.  D.  64,  128  N.  W. 
305. 

Though  submitted  at  a  general  election,  in  law  a  separate  election.  State 
V.  Blaisdell,  18  N.  D.  31,  119  N.  W.  360.  State  v.  Flaherty,  23  N.  D.  313  (^2,22), 
41  L.  R.  A.   (N.  S.),  132,  136  N.  W.  76. 

Upon  what  basis  majority  essential  to  adoption  of  constitutional  or  other 
special  proposition  submitted  at  general  election  is  to  be  computed.  22  L.  R.  A. 
(N.  S.)  478. 

§  169.  The  legislative  assembly  shall  provide  by  general  law  for 
changing  county  seats  in  organized  counties,  but  it  shall  have  no  power  to 
remove  the  county  seat  of  any  organized  county. 

Chapter  77,  Laws  1905,  special  legislation.  In  re  Connolly,  17  N.  D.  546, 
117  N.  W.  946. 

County  seat  removal  statute  not  special  legislation.  Miller  v.  Norton,  22 
N.  D.  196,  132  N.  W.  1080. 

Intent  that  legislature  should  not  thereafter  create  any  counties  or  locate  the 
county  seat  by  special  acts,  which  had  been  the  practice.  State  v.  Anders,  30 
N.  D.  572.  152  N.  W.  801. 


CONSTITUTION   OF   NORTH   DAKOTA  35 

§  170.  The  legislative  assembly  shall  provide  by  general  law  for 
township  organization  under  which  any  county  may  organize,  whenever  a 
majority  of  all  the  legal  voters  of  such  county,  voting  at  a  general  election 
shall  so  determine,  and  whenever  any  county  shall  adopt  township  organ- 
ization, so  much  of  this  constitution  as  provides  for  the  management  of  the 
fiscal  concerns  of  said  county  by  the  board  of  county  commissioners  may 
be  dispensed  with  by  a  majority  vote  of  the  people  voting  at  any  general 
election ;  and  the  affairs  of  said  county  may  be  transacted  by  the  chairmen 
of  the  several  township  boards  of  said  county  and  such  others  as  may  be 
provided  by  law  for  incorporated  cities,  towns  or  villages,  within  such 
county. 

Sections  170,  171,  172  and  the  words  "fiscal  concerns,'"  "fiscal  affairs,"  and 
"affairs,"  and  "government"  are  used  interchangeably. 

Martin  v.  Tyler,  4  N.  D.  278,  60  N.W.  392. 

Majority  of  all  legal  voters.  State  v.  State  Board  of  Canvassers,  ..N.  D..., 
172  N.  W.  80. 

§  171.  In  any  county  that  shall  have  adopted  a  system  of  government 
by  the  chairmen  of  the  several  township  boards,  the  question  of  con- 
tinuing the  same  may  be  submitted  to  the  electors  of  such  county  at  a 
general  election  in  such  a  manner  as  may  be  provided  by  law,  and  if  a 
majority  of  all  the  votes  cast  upon  such  question  shall  be  against  said 
system  of  government,  then  such  system  shall  cease  in  said  county  and 
the  affairs  of  said  county  shall  then  be  transacted  by  a  board  of  county 
commissioners  as  is  now  pnovided  by  the  laws  of  the  territory  of  Dakota. 

Martin  v.  Tyler,  4  N.  D.  278,  25  L.  R.  A.  838,  60  N.  W.  392.  Braaten  v.  Ol- 
son, 28  N.  D.  235,  148  N.  W.  829. 

Majority  of  all  votes  cast  upon  such  question.  State  v.  State  Board  of  Can- 
vassers,  ....N.  D 172  N.  W.  80. 

§  172.  I'ntil  the  system  of  county  government  by  the  chairman  of  the 
several  township  boards  is  adopted  by  any  county  the  fiscal  affairs  of  said 
county  shall  be  transacted  by  a  board  of  county  commissioners.  Said  board 
shall  consist  of  not  less  than  three  and  not  more  than  five  members  whose 
terms  of  office  shall  be  prescribed  by  law.  Said  board  shall  hold  sessions 
for  the  transaction  of  county  business,  as  shall  be  provided  by  law. 

Power  to  construct  drains  not  part  of  the  system  of  government,  and  may 
be  conferred  where  legislature  deems  fit.  Martin  v.  Tyler,  4  N.  D.  278,  25 
L.  R.  A.  838,  60  N.  W.  392. 

Power  of  commissioners.  Barrett  v.  Stutsman  County,  4  N.  D.  175,  59 
N.  W.  964.  State  v.  Heinrich,  11  N.  D.  31,  88  N.  W.  734.  State  v.  Albright,  11 
N.  D.  22,'  88  N.  W.  729.     Braaten  v.  Olson,  28  N.  D.  235,  148  N.  W.  829. 

Act  requiring  payment  of  expenses  of  maintenance,  by  auditor  of  county,  of 
feeble  minded  persons  at  state  institutions,  not  invalid  because  not  audited  by 
board.     State  v.  Lewis,  18  N.  D.  125,  119  N.  W.  1037. 

Legislature  may  fix  term  of  county  commissioners.  O'Laughlin  v.  Carlson, 
30  N.  D.  213,  152  N.  W.  675. 

Mother's  pension  law  valid.  Cass  Co.  v.  Nixon,  35  N.  D.  601,  161  N.  W.  204. 
L.  R.  A.   1917  C.   897. 

Duty  to  supervise  and  control   fiscal  affairs  of  the  county  is  imposed  upon 


36  STATE  OF  NORTH  DAKOTA 


the  county  commissioners.    Boettcher  v.  McDowall,  N.  D 174  N.  W.  759. 

§  173.  At  the  first  general  election  held  after  the  adoption  of  this 
constitution,  and  every  two  years  thereafter,  there  shall  be  elected  in  each 
organized  county  in  the  state,  a  county  judge,  clerk  of  court,  register  of 
deeds,  county  auditor,  treasurer,  sheriff  and  state's  attorney,  who  shall  be 
electors  of  the  county  in  which  they  are  elected,  and  who  shall  hold  their 
oflSce  until  their  successors  are  elected  and  qualified.  The  legislative  as- 
sembly shall  provide  by  law  for  such  other  county,  township  and  district 
officers  as  may  be  deemed  necessary,  and  shall  prescribe  the'  duties  and 
compensation  of  all  county,  township  and  district  officers.  The  sheriff  and 
treasurer  of  any  county  shall  not  hold  their  respective  oflBces  for  more 
than  four  years  in  succession. 

County  assessor  not  a  constitutional  officer  and  may  be  abolished.  State  v. 
Faussett,  1  N.  D.  190,  45  N.  W.  1101. 

Did  not  repeal  pre-existing  statute,  and  board  of  county  commissioners  may 
fix  compensation  of  state's  attorney  until  passage  of  statute  fixing  compensa- 
tion.   Doherty  V.  Ransom  Co.,  5  N.  D.  1,  63  N.  W.  148. 

Right  to  local  self  government.  Ex  parte  Corliss,  16  N.  D.  470,  114  N.  W. 
962.  State  v.  Taylor,  33  N.  D.  76  (110),  156  N.  W.  561.  L.  R.  A.  1918  B  156. 
Daly  V.  Beery N.  D ,  178  N.  W.  104. 

Powers  of  state's  attorney  and  attorney  general.  State  v.  Dist  Ct.,  19  N.  D. 
819,  124  N.  W.  417,  Ann.  Cas.  1912  D  935. 

The  office  of  county  superintendent  was  evidently  omitted  from  sec.  173  in 
order  that  the  legislature  might  be  left  free  to  provide  for  the  election  of  such 
officer  at  a  time  other  than  the  general  election.  Jenners  v.  Clark,  21  N.  D.  150, 
129  N.  W.  357.    Ann.  Cas.  1913  B  675. 

State's  attorney  must  be  licensed  to  practice  in  this  state.  Enge  v.  Cass,  28 
N.  D.  219,  148  N.  W.  607. 

Right  to  office  as  a  hold-over.  Diehl  v.  Totten,  32  N.  D.  131  (143),  155 
N.  W.  74,  Ann.   Cas.   1918  A  884. 

Power  of  legislature  to  change  compensation  of  county  official  during  term 
for  which  elected.     State  v.  Kennard,  38  N.  D.  612,  166  N.  W.  514. 

On  term  of  county  treasurer  and  sheriff  see  Opinions  of  the  Attorney  Gen- 
eral, Nos.  4  to  9,  inclusive. 

§  183.  The  debt  of  any  county,  township,  city,  town,  school  district  or 
any  other  political  subdivision,  shall  never  exceed  five  per  centum  upon 
the  assessed  value  of  the  taxable  property  therein ;  provided,  that  any  in- 
corporated city  may,  by  a  two-thirds  vote,  increase  such  indebtedness  three 
per  centum  on  such  assessed  value  beyond  said  five  per  centum  limit.  In 
estimating  the  indebtedness  which  a  city,  county,  township,  school  district 
or  any  other  political  subdivision  may  incur,  the  entire  amount  of  existing 
indebtedness  whether  contracted  prior  or  subsequent  to  the  adoption  of 
this  constitution  shall  be  included ;  provided,  further,  that  any  incorpor- 
ated city  may  become  indebted  in  any  amount  not  exceeding  four  per 
centum  on  such  assessed  value  without  regard  to  the  existing  indebted- 
ness of  such  city,  for  the  purpose  of  constructing  or  purchasing  water 
works  for  furnishing  a  supply  of  water  to  the  inhabitants  of  such  city,  or 
for  the  purpose  of  constructing  sewers,  and  for  no  other  purpose  what- 
ever.    All  bonds  or  obligations  in  excess  of  the  amount  of  indebtedness 


CONSTITUTION   OF  NORTH   DAKOTA  37 


permitted  by  this  constitution,  given  by  any  city,  county,  township,  town, 
school  district,  or  other  political  subdivision  shall  be  void. 

See  Article  35  of  Amendments. 

Indebtedness  of  a  city  cannot  be  increased  beyond  the  specified  limit  even 
for  purpose  of  refunding.     Birkholz  v.  Dinnie,  6  N.  D.  511,  72  N.  W.  931, 

Warrant  issued  for  current  county  expenses  in  anticipation  of  proceeds  of 
lawful  levy,  valid,  although  beyond  limit  of  indebtedness.  Darling  v.  Taylor, 
7  N.  D.  538,  75  N.  W.  766. 

Election  requirements.  Stern  v.  Fargo,  18  N.  D.  290,  122  N.  W.  403.  26 
L.  R.  A.  (N.  S.)  665.  Kerlin  v.  Devils  Lake,  25  N.  D.  207,  141  N.  W.  756, 
Ann.  Cas.  1915  C  624. 

Complete  allegation  that  city  was  not  indebted  beyond  its  constitutional 
limit.     State  v.  Mitchell,  24  N.  D.  196,  139  N.  \V.  572. 

Paving  and  sewer  bonds  and  bonds  of  independent  school  district  not  to  be 
included,  ascertaining  whether  debt  limit  has  been  reached.  Vallelly  v.  Park 
Com'rs,  16  N.  D.  25,  111  N.  W.  615,  15  L.  R.  A.  (N.  S.)  61. 

The  term  "debt"  does  not  include  a  contingent  future  liability.  Bismarck 
Water  Supply  Co.  v.  Bismarck,  23  N.  D.  352,  137  N.  W.  34. 

The  term  "debt"  covers  liabilities  created  under  executory  contracts  for 
public  improvements,  although  nothing  is  due  thereunder  until  the  same  are 
executed  in  part  or  in  whole.  Anderson  v.  International  School  Dist.,  32  N.  D. 
413,  156  N.  W.  54,  L.  R.  A.  1917  E.  428,  Ann.  Cas.  1918  A  506— see  Kenmare 
School  Dist.  v.    Cole,  36  N.  D.  32,  161  N.  W.  543. 


Stinson  v.  Thorson,  34  N.  D.  372,  158  N.  W.  351. 

State  V.  Wetz,  40  N.  D.  299,  168  N.  W.  835,  5  A.  L.  R.  731. 


State  V.  Packard,  40  N.  D.  182,  168  N.  W.  673. 

State  V.  Hall,  ....N.  D 173  N.  W.  763. 

Equitable  relief  denied  in  proceeding  to  recover  balance  due  in  excess  of  debt 
limit.     Bartelson  v.  Int.  Sch.  Dist.,  ....N.  D 174  N.  W.  78. 

Does  not  authorize  indebtedness  without  legislative  authority.  Self  executing 
as  a  limitation  upon  the  power  to  incur  debts.  G.  N.  Ry.  Co.  v.  Dimcan, 
....N.  D 176  N.  W.  992. 

As  to  what  time  is  the  assessed  valuation  to  be  taken  for  purposes  of  de- 
termining the  debt  limit  of  a  state  or  municipality.    26  L.  R.  A.  (N.  S.)  149. 

Creation  of  indebtedness  within  meaning  of  debt  limit  provision.  23  L.  R.  A. 
404;  37  L.  R.  A.  (N.  S.)  1097. 

Municipal  liability  for  tort  as  an  "indebtedness."     37  L.  R.  A.   (N.  S.)  1097. 

Mortgage  debt  upon  property  purchased  by  municipality  without  assuming 
payment,  as  part  of  municipal  indebtedness.     3  L.  R.  A.   (N.  S.)  684. 

ARTICLE  14.— IMPEACHMENT  AND  REMOVAL  FROM  OFFICE. 

§  194.  The  house  of  representatives  shall  have  the  sole  power  of  im- 
peachment. The  concurrence  of  a  majority  of  all  members  elected  shall 
be  necessary  to  an  impeachment. 

§  195.  All  impeachments  shall  be  tried  by  the  senate.  When  sitting 
for  that  purpose  the  senators  shall  be  upon  oath  or  affirmation  to  do  justice 
according  to  the  law  and  evidence.  No  person  shall  be  convicted  without 
the  concurrence  of  two-thirds  of  the  members  elected.  When  the  governor 
or  lieutenant  governor  is  on  trial,  the  presiding  judge  of  the  supreme 
court  shall  preside. 

Privilege  as  to  proceeding  for  impeachment.     25  L.  R.  A.   (N.   S.  455) 


38  STATE  OF  NORTH  DAKOTA 

§  196.  The  governor  and  other  state  and  judicial  oflacers,  except 
county  judges,  justices  of  the  peace  and  police  magistrates,  shall  be  liable 
to  impeachment  for  habitual  drunkenness,  crimes,  corrupt  conduct,  or 
malfeasance  or  misdemeanor  in  oflBce,  but  judgment  in  such  cases  shall 
not  extend  further  than  removal  from  oflBce  and  disqualification  to  hold 
any  office  of  trust  or  profit  under  the  state.  The  person  accused,  whether 
convicted  or  acquitted,  shall  nevertheless  be  liable  to  indictment,  trial, 
judgment  and  punishment  according  to  law. 

State  officers  can  be  removed  from  office  only  by  impeachment.  The  legis- 
lature cannot  vest  in  the  governor  the  power  to  remove  them  from  office  for 
any  cause.     State  v.  Miller,  3  N.  D.  433  (443),  57  N.  W.  193. 

Conceding  that  members  of  the  United  States  Senate  and  Congress  from  this 
state,  and  state  officers  subject  to  impeachment  may  not  be  removed  from  office 
under  the  corrupt  practices  act,  yet  a  good  and  valid  piece  of  legislation  re- 
mains.   Diehl  V.  Totten,  32  N.  D.  131,  155  N.  W.  74,  Ann.  Cas.  1918  A  884. 

§  197.  All  officers  not  liable  to  impeachment  shall  be  subject  to  re- 
moval for  misconduct,  malfeasance,  crime  or  misdemeanor  in  office,  or  for 
habitual  drunkenness  or  gross  incompetency  in  such  manner  as  may  be 
provided  by  law. 

The  governor  has  no  power  under  Ch.  95,  Laws  of  1893,  to  remove  the  trus- 
tees of  the  Agricultural  College  from  office.  State  v.  Miller,  3  N.  D.  433,  57 
N.  W.  193— see  State  v.  Boucher,  3  N.  D.  389,  56  N.  W.  142. 

The  superintendent  of  the  hospital  for  the  insane  may  be  removed  at  pleas- 
ure of  board  of  trustees.     State  v.  Archibald,  5  N.  D.  359,  66  N.  W.  234. 

Removal  proceedings  summary  in  nature.  Myrick  v.  McCabe,  5  N.  D.  422,  56 
N.  W.  143.  State  v.  Borstad,  27  N.  D.  533,  147  N.  W.  380,  Ann.  Cas.  1916  B 
1014. 

Removal  procedure.  Wishek  v.  Becker,  10  N.  D.  63,  84  N.  W.  590.  State  v. 
Richardson,  16  N.  D.  1,  109  N.  W.  1026. 

Corrupt  practice  act.  Diehl  v.  Totten,  32  N.  D.  131,  155  N.  W.  74,  Ann.  Cas. 
1918  A  884. 

Removal  by  governor.     State  v.  Frazier,  39  N.  D.  430,  167  N.  W.  510. 

§  198.  No  officer  shall  exercise  the  duties  of  his  office  after  he  shall 
have  been  impeached  and  before  his  acquittal. 

§  199.  On  trial  of  impeachment  against  the  governor,  the  lieutenant 
governor  shall  not  act  as  a  member  of  the  court. 

§  200.  No  person  shall  be  tried  on  impeachment  before  he  shall  have 
been  served  with  a  copy  thereof,  at  least  twenty  days  previous  to  the  day 
set  for  trial. 

§  201.  No  person  shall  be  liable  to  impeachment  twice  for  the  same 
offense. 

ARTICLE   15.— FUTURE  AMENDMENTS. 

§  202.  Any  amendment  or  amendments  to  this  constitution  may  be 
proposed  in  either  house  of  the  legislative  assembly ;  and  if  the  same  shall 
be  agreed  to  by  a  majority  of  the  members  elected  to  each  of  the  two 


CONSTITUTION   OF   NORTH    DAKOTA  39 


houses,  such  proposed  amendment  shall  be  entered  on  the  journal  of  the 

house  with  the  yeas  and  nays  taken  thereon,  and  referred  to  the  legislative 
assembly  to  be  chosen  at  the  next  general  election,  and  shall  be  pub- 
lished as  provided  by  law,  for  three  months  previous  to  the  time  of 
making  such  choice,  and  if  in  the  legislative  assembly  so  next  chosen  as 
aforesaid  such  proposed  amendment  or  amendments  shall  be  agreed  to  by 
a  majority  of  all  the  members  elected  to  each  house,  then  it  shall  be  the 
duty  of  the  legislative  assembly  to  submit  such  proposed  amendment  or 
amendments  to  the  people  in  such  manner  and  at  such  time  as  the  legis- 
lative assembly  shall  provide ;  and  if  the  people  shall  approve  and  ratify 
such  amendment  or  amendments  by  a  majority  of  the  electors  qualified 
to  vote  for  members  of  the  legislative  assembly  voting  thereon,  such 
amendment  or  amendments  shall  become  a  part  of  the  constitution  of  this 
state.  If  two  or  more  amendments  shall  be  submitted  at  the  same  time 
they  shall  be  submitted  in  such  manner  that  the  electors  shall  vote  for 
or  against  each  of  such  amendments  separately. 

See  Articles  16  and  28  of  Amendments. 

Power  of  the  legislature  to  call  a  constitutional  convention,  notwithstanding 
the  fact  that  the  instrument  itself  points  out  how  it  may  be  amended.  State 
V.  Dahl,  6  N.  D.  81,  68  N.  W.  418,  34  L.  R.  A.  97. 

Construction  of  "votes  cast."     State  v.  Blaisdell,  18  N.  D.  31,  119  N.  W.  360. 

Provides  only  method  for  amendment;  word  "revision"  in  proviso  of  fifth 
subdivision  of  section  216,  synonymous  with  "amendment"  in  section  202.  State 
V.  Taylor,  22  N.  D.  362,  133  N.  W.  1046. 

Entry  in  Journal  may  be   by   reference.     State  v.   Hall N.   D ,    171 

N.  W.  213. 

Subdivision  2  (Art.  16  of  Amd.)  is  not  self  executing.  State  v.  Hall,  35  N.  D. 
34,  159  N.  W.  281— overruled  State  v.  Hall,   ....N.   D ,  171  N.   W.  213. 

Not  violated  by  submitting  as  one  amendment  a  proposed  change  expressed 
in  two  sections  but  relating  to  one  general  subject  and  designed  to  accomplish 
one  main  purpose.     State  v.  Wetz,  40  N.  D.  299,  168  N.  W.  835,  5  A.  L.  R.  731. 


State  V.  State  Board  of  Canvassers,   ....N.  D 172  N.  W.  80.     Green  T. 

Frazier,   ....N.  D ,  176  N.  W.  11;  253  U.  S.  233,  40  Sup.  Ct.  Rep.  499. 

State  Board  of  Health  has  no  power  to  amend  the  Constitution.  Rhea  v.  Bd, 
of  Education N.  D ,  171  N.  W.  103. 

See  Opinions  of  the  Attorney  General,  No.  10. 

Effect  of  noncompliance  with  prescribed  method  of  amending  constitution. 
10  L.  R.  A.  (N.  S.)  149. 

Validation  of  unconstitutional  statute  by  constitutional  amendment.  60 
L.  R.  A.  564;  38  L.  R.  A.  (N.  S.)  77.      0 

The  following  article  shall  be  irrevocable  without  the  consent  of  the 
United  States  and  the  people  of  this  state : 

§  203.  First.  Perfect  toleration  of  religious  sentiment  shall  be  se- 
cured, and  no  inhabitant  of  this  state  shall  ever  be  molested  in  person  or 
property  on  account  of  his  or  her  mode  of  religious  worship. 

Second.  The  people  inhabiting  this  state  do  agree  and  declare  that 
they  forever  disclaim  all  right  and  title  to  the  unappropriated  public 
lands  lying  within  the  boundaries  thereof,  and  to  all  lands  lying  within 


40  *  STATE  OF  NORTH  DAKOTi^ 

said  limits  owned  or  held  by  any  Indian  or  Indian  tribes  and  that  until 
the  title  thereto  shall  have  been  extinguished  by  the  United  States,  the 
same  shall  be  and  remain  subject  to  the  disposition  of  the  United  States, 
and  that  said  Indian  lands  shall  remain  under  the  absolute  jurisdiction 
and  control  of  the  congress  of  the  United  States;  that  the  lands  belonging 
to  citizens  of  the  United  StCtes  residing  without  this  state  shall  never  be 
taxed  at  a  higher  rate  than  the  lands  belonging  to  residents  of  this  state ; 
that  no  taxes  shall  be  imposed  by  this  state  on  lands  or  property  therein 
belonging  to,  or  which  may  hereafter  be  purchased  by  the  United  States 
or  reserved  for  its  use.  But  nothing  in  this  article  shall  preclude  this 
state  from  taxing  as  other  lands  are  taxed,  any  lands  owned  or  held  by 
any  Indian  who  has  severed  his  tribal  relations,  and  has  obtained  from 
the  United  States  or  from  any  person,  a  title  thereto,  by  patent  or  other 
grant,  save  and  except  such  lands  as  have  been  or  may  be  granted  to 
any  Indian  or  Indians  under  any  acts  of  congress  containing  a  provision 
exempting  the  lands  thus  granted  from  taxation,  which  last  mentioned 
lands  shall  be  exempt  from  taxation  so  long,  and  to  such  an  extent,  as  is, 
or  may  be  provided  in  the  act  of  congress  granting  the  same. 

Jurisdiction  over  Indian  lands. 

State  V.   Denoyer,  6  N.   D.   586,  72  N.  W.   1014;   also, 

State  V.  Mountrail  Co.,  28  N.   D.  389,  149  N.   W.120. 

§  204.  Jurisdiction  is  ceded  to  the  United  States  over  the  military 
reservations  of  Fort  Abraham  Lincoln,  Fort  Buford,  Fort  Pembina,  and 
Fort  Totten,  heretofore  declared  by  the  president  of  the  United  States; 
provided,  legal  process,  civil  and  criminal,  of  this  state,  shall  extend  over 
such  reservations  in  all  cases  in  which  exclusive  jurisdiction  is  not  vested 
in  the  United  States,  or  of  crimes  not  committed  within  the  limits  of 
such  reservations. 

Jurisdiction,    military    reservations.      LaDuke    v.    Melin N.    D ,    177 

N.   W.  673. 

ARTICLE  17.— MISCELLANEOUS. 

§  206.  The  name  of  this  state  shall  be  "North  Dakota."  The  State 
of  North  Dakota  shall  consist  of  all%the  territory  included  within  the  fol- 
lowing boundary,  to  wit :  Commencing  at  a  point  in  the  main  channel  of 
the  Red  River  of  the  North,  where  the  forty-ninth  degree  of  north  lati- 
tude crosses  the  same ;  thence  south  up  the  main  channel  of  the  same  and 
and  along  the  boundary  line  of  the  state  of  Minnesota  to  a  point  where 
the  seventh  standard  parallel  intersects  the  same ;  thence  west  along  said 
seventh  standard  parallel  produced  due  west  to  a  point  where  it  intersects 
the  twenty-seventh  meridian  of  longitude  west  from  Washington;  thence 
north  on  said  meridian  to  a  point  where  it  intersects  the  forty-ninth 
degree  of  north  latitude ;  thence  east  along  said  line  to  place  of  beginning. 

§    207.     The   following   described   seal    is   hereby   declared   to   be   and 


CONSTITUTION   OF  NORTH   DAKOTA 


hereby  constituted  the  Great  Seal  of  the  state  of  North  Dakota,  to  wit: 
A  tree  in  the  open  field,  the  trunk  of  which  is  surrounded  by  three  bundles 
of  wheat ;  on  the  right  a  plow,  anvil  and  sledge ;  on  the  left  a  bow  crossed 
with  three  arrows,  and  an  Indian  on  horseback  pursuing  a  buffalo  to- 
ward the  setting  sun;  the  foliage  of  the  tree  arched  by  a  half  circle  of 
forty-two  stars,  surrounded  by  the  motto,  "Liberty  and  Union,  Now  and 
Forever,  One  and  inseparable;"  the  word  "Great  Seal"  at  the  top,  the 
words  "State  of  North  Dakota"  at  the  bottom;  "October  1st"  on  the  left 
and  "1889"  on  the  right.  The  seal  to  be  two  and  one-half  inches  in 
diameter. 

§  211.  Members  of  the  legislative  assembly  and  judicial  department, 
except  such  inferior  officers  as  may  be  by  law  exempted  shall,  before  they 
enter  on  the  duties  of  their  respective  offices,  take  and  subscribe  the  fol- 
lowing oath  or  affirmation:  "I  do  solemnly  swear  (or  affirm,  as  the  case 
may  be)  that  I  will  support  the  constitution  of  the  United  States  and 
the  constitution  of  the  State  of  North  Dakota ;  and  that  I  will  faithfully 

discharge  the  duties  of  the  office  of according 

to  the  best  of  my  ability,  so  help  me  God"  (if  an  oath),  (under  pains 
and  penalties  of  perjury)  if  an  affirmation,  and  no  other  oath,  declaration, 
or  test  shall  be  required  as  a  qualification  for  any  office  or  public  trust. 

Imposing  additional  oath  as  qualification  for  office,  invalid.  State  v. 
Blaisdell,  18  N.  D.  55,  24  L.  R.  A.  (N.  S.)  465.  118  N.  W.  141,  138  Am.  St.  Rep. 
741.     State  v.  Blaisdell,  34  N.  D.  321,  159  N.  W.  401. 

SCHEDULE. 

§  2.  All  laws  now  in  force  in  the  territory  of  Dakota,  which  are  not 
repugnant  to  this  constitution,  shall  remain  in  force  until  they  expire  by 
their  own  limitations  or  be  altered  or  repealed. 

License  law  not  repealed  by  adoption  of  Art.  20. 

State  V.  Swan,  1  N.  D.  5,  44  N.  W.  492. 

Sec.  208  of  the  Constitution  did  not  repeal  pre-existing  exemption  laws. 
Roesler  &  White  v.  Taylor,  3  N.  D.  546,  58  N.  W.  342. 

Adoption  of  section  173  did  not  repeal  pre-existing  statute  authorizing  county 
commissioners  to  fix  salaries. 

Doherty  v.  Ransom  Co.,  5  N.  D.  1,  63  N.  W.  148. 

Territorial  law,  fixing  term  of  county  commissioners,  became  law  of  the 
state  under  provisions  of  sec.  2  of  the   Schedule. 

O'Laughlin  v.   Carlson,  30  N.   D.   213,  152  N.   W.  675. 

State  V.  Robinson,  35  N.  D.  417,  160  N.  W.  514. 


State  V.  Hall N.   D 171  N.   W.  213. 

State  V.  Olson,  ....N.  D ,  176  N.  W.  528. 


42  STATE  OF  NORTH  DAKOTA 

Amendments  to  the  Constitution  of 
North  Dakota 

Session  Laws  1895,  page  177. 
Session  Laws  1897,  page  349. 
Adopted  November  8th,  1898,  21177  to  16329. 

ARTICLE  2. 

§  121.  Every  male  person  of  the  age  of  twenty-one  years  or  upwards, 
belonging  to  either  of  the  following  classes,  who  shall  have  resided  in  the 
state  one  year  and  in  the  county  six  months,  and  in  the  precinct  ninety 
days  next  preceding  any  election,  shall  be  a  qualified  elector  at  such 
election. 

First — Citizens  of  the  United  States. 

Second — Civilized  persons  of  Indian  descent,  who  shall  have  severed 
their  tribal  relations  two  years  next  preceding  such  election. 

§  127.  No  person  who  is  under  guardianship,  non  compos  mentis  or 
insane,  shall  be  qualified  to  vote  at  any  election ;  nor  shall  any  person 
convicted  of  treason  or  felony  unless  restored  to  civil  rights ;  and  the 
legislature  shall  by  law  establish  an  educational  test  as  a  qualification, 
and  may  prescribe  penalties  for  failing,  neglecting  or  refusing  to  vote  at 
any  general  election. 

State  V.  Wetz N.  D 168  N.   W.  835. 

Trust  patent  Indians  may  be  qualified  electors.     Swift  v.   Leach,   ..N.  D..., 
178  N.  W.  437. 

Crime  as  disqualifying  voter.    25  L,  R.  A.  483. 


Session  Laws  1905,  S.  B.  No.  166,  page  351. 
Session  Laws  1907,  S.  B.  No.  255,  page  458. 
Adopted  November  3,  1908,  47732  to  20584. 

ARTICLE  10. 

§  89.  The  supreme  court  shall  consist  of  five  judges,  a  majority  of 
whom  shall  be  necessary  to  form  a  quorum  or  pronounce  a  decision ;  but 
one  or  more  of  said  judges  may  adjourn  the  court  from  day  to  day  or  to 
a  day  certain. 

The  three  district  judges  will  constitute  a  quorum  of  the  court  as  now  con- 
stituted, and  as  such  are  empowered  to  transact  business.  State  v.  Robinson, 
35  N.  D.  410,  160  N.  W.  512. 

Term  of  office.     State  v.  Robinson,  35  N.  D.  417,  160  N.  W.  514. 


CONSTITUTION  OF  NORTH  DAKOTA 


Chapter  93,  Session  Laws  1911. 
Chapter  101,  Session  Laws  1913. 
Adopted  November  3,  1914,  48783  to  19964. 

ARTICLE  15. 

§  25.  The  legislative  authority  of  the  State  of  North  Dakota  shall 
be  vested  in  a  legislative  assembly,  consisting  of  a  senate  and  house  of  rep- 
resentatives, but  the  people  reserve  to  themselves  power  to  propose  laws 
and  to  enact  or  reject  the  same  at  the  polls,  independent  of  the  legislative 
assembly,  and  also  reserve  power,  at  their  own  option,  to  approve  or  reject 
at  the  polls,  any  act,  item,  section  or  part  of  any  act  or  measure  passed 
by  the  legislative  assembly.  The  first  power  reserved  by  the  people  is  the 
initiative,  or  the  power  to  propose  measures  for  enactment  into  laws, 
and  at  least  ten  per  cent  of  the  legal  voters  to  be  secured  in  a  majority 
of  the  counties  of  this  state  shall  be  required  to  propose  any  measure 
by  initiative  petition,  and  every  such  petition  shall  include  the  full  text 
of  the  measure  so  proposed.  Initiative  petitions  shall  be  filed  with  the 
Secretary  of  State  not  less  than  thirty  days  before  any  regular  session 
of  the  legislative  assembly ;  he  shall  transmit  the  same  to  the  legislative 
assembly  as  soon  as  it  convenes.  Such  initiative  measure  shall  take  preced- 
ence over  all  other  measures  in  the  legislative  assembly  except  appropria- 
tion bills,  and  shall  be  either  enacted  or  rejected  without  change  or 
amendment  by  the  legislative  assembly  within  forty  days.  If  any  such 
initiative  measure  shall  be  enacted  by  the  legislative  assembly  it  shall  be 
subject  to  referendum  petition  or  it  may  be  referred  by  the  legislative 
assembly  to  the  people  for  approval  or  rejection.  If  it  is  rejected  or  no 
action  is  taken  upon  it  by  the  legislative  assembly  within  said  forty  days, 
the  Secretary  of  State  shall  submit  it  to  the  people  for  approval  or  re- 
jection at  the  next  ensuing  regular  general  election.  The  legislative  as- 
sembly may  reject  any  measure  so  proposed  by  initiative  i)etition  and 
propose  a  different  one  to  accomplish  the  same  purpose,  and  in  any  such 
event  both  measures  shall  be  submitted  by  the  Secretary  of  State  to  the 
people  for  approval  or  rejection  at  the  next  ensuing  regular  election.  If 
conflicting  measures  submitted  to  the  people  at  the  next  ensuing  election 
shall  be  approved  by  a  majority  of  the  votes  severally  cast  for  and  against 
the  same,  the  one  receiving  the  highest  number  of  aflSrmative  votes  shall 
thereby  become  valid,  and  the  other  shall  thereby  be  rejected.  The  second 
power  is  the  referendum,  or  the  power  to  order  any  act,  item,  or  part  of 
any  act  to  be  referred  to  the  people  for  their  approval  or  rejection  at  the 
polls,  and  it  may  be  ordered  (except  as  to  laws  necessary  for  the  imme- 
diate preservation  of  the  public  peace,  health  or  safety)  as  to  any  measure 
or  any  parts,  items  or  sections  of  any  measures  passed  by  the  legislative 
assembly  either  by  a  petition  signed  by  ten  per  cent  of  the  legal  voters  of 
the  state  from  a  majority  of  the  counties,  or  by  the  legislative  assembly 
if  a  majority  of  the  members  elect  vote  therefor.  When  it  is  necessary 
for  the  immediate  preservation  of  the  public  peace,  health  or  safety  that 


STATE  OF  NORTH  DAKOTA 


a  law  shall  become  effective  without  delay,  such  necessity  and  the  facts 
creating  the  same  shall  be  stated  in  one  section  of  the  bill,  and  if  upon 
aye  and  nay  vote  in  each  house  two-thirds  of  all  the  members  elected  to 
each  house  shall  vote  on  a  separate  roll  call  in  favor  of  the  said  law 
going  into  instant  operation  for  the  immediate  preservation  of  the  public 
peace,  health  or  safety,  such  law  shall  become  operative  upon  approval 
by  the  Governor. 

The  filling  of  a  referendum  petition  against  one  or  more  items,  sec- 
tions or  parts  of  an  act  shall  not  delay  the  remainder  of  that  act  from 
becoming  operative.  Referendum  petitions  against  measures  passed  by  the 
legislative  assembly  shall  be  filed  with  the  Secretary  of  State  not  more 
than  ninety  days  after  the  final  adjournment  of  the  session  of  the  legis- 
lative assembly  which  passed  the  measure  on  which  the  referendum  is 
demanded.  The  veto  power  of  the  Governor  shall  not  extend  to  measures 
referred  to  the  people.  All  elections  on  measures  referred  to  the  people 
of  the  state  shall  be  had  at  biennial  regular  elections,  except  as  pro- 
visions may  be  made  by  law  for  a  special  election  or  elections.  Any 
measure  referred  to  the  people  shall  take  effect  when  it  is  approved  by 
a  majority  of  the  votes  cast  thereon  and  not  otherwise,  and  shall  be  in 
force  from  the  date  of  the  official  declaration  of  the  vote. 

The  enacting  clause  of  all  the  initiative  bills  shall  be,  "Be  it  enacted 
by  the  people  of  the  State  of  North  Dakota,"  This  Section  shall  not  be 
construed  to  deprive  any  member  of  the  legislative  assembly  of  the  right 
to  introduce  any  measure.  The  whole  number  of  votes  cast  for  Secretary 
of  State  at  the  regular  election,  last  preceding  the  filing  of  any  petition 
for  the  initiative  or  for  the  referendum  shall  be  the  basis  on  which  the 
number  of  legal  voters  necessary  to  sign  such  petition  shall  be  counted. 

Petitions  and  order  for  the  initiative  and  for  the  referendum  shall 
De  filed  with  the  Secretary  of  State  and  in  submitting  the  same  to  the 
people  he  and  all  other  officers  shall  be  guided  by  the  general  laws  and 
the  acts  submitting  this  amendment  until  legislation  shall  be  especially 
provided  therefor. 

This  amendment  shall  be  self  executing,  but  legislation  may  be  en- 
acted to  facilitate  its  operation. 

Referendum  petitions,  board  of  immigration  act. 

State  V.  Hanna,  31  N.  D.  570,  154  N.  W.  704. 

Emergency  clause  in  conflict  with  initiative  and  referendum  amendment  to 
the  constitution.     State  v.   Packard,  32  N.  D.  301   (314),  155  N.  W.  666. 

Capital  removal  case.     State  v.  Hall,  35  N.  D.  34,  159  N.  W.  281. 

State  Board  of  Regents  Act,  emergency  clause,  not  in  conflict  with  initiative 
and  referendum  amendment  to  the  Constitution.  State  v.  Crawford,  36  N.  D. 
385.  162  N.   W.  710. 


State  V.   State  Board  of  Canvassers N.   D...,  172  N.   W. 

State  V.   Olson N.  D 176  N.   W.   528. 

State  V.  HaU N.  D 171  N.  W.  213. 


CONSTITUTION   OF  NORTH   DAKOTA 


Time   for   filing   referendum   petitions,    see   Opinions   of    the    Attorney    Gen- 
eral, No.  11. 

Chapter  89,  Session  Laws  1911. 
Chapter  98,  Session  Laws  1913. 
Adopted  November  3,  1914,  43111  to  21815. 

ARTICLE  16. 

§  202.  This  Constitution  may  be  amended  as  follows : 
FIRST:  Any  amendment  or  amendments  to  this  Constitution  may  be 
proposed  in  either  house  of  the  legislative  assembly ;  and  if  the  same  shall 
be  agreed  to  by  a  majority  of  the  members  elected  to  each  of  the  two 
houses,  such  proposed  amendments  shall  be  entered  on  the  journal  of  the 
house  with  the  yeas  and  nays  taken  thereon,  and  referred  to  the  legisla- 
tive assembly  to  be  chosen  at  the  next  general  election,  and  shall  be  pub- 
lished, as  provided  by  law,  for  three  months  previous  to  the  time  of 
making  such  choice,  and  if  in  the  legislative  assembly  so  next  chosen  as 
aforesaid  such  proposed  amendment  or  amendments  s^all  be  agrfed  to  by 
a  majority  of  all  members  elected  to  each  house,  then  it  shall  be  the 
duty  of  the  legislative  assembly  to  submit  such  proposed  amendment  or 
amendments  to  the  people  in  such  manner  and  at  such  times  as  the  legis- 
lative assembly  shall  provide;  and  if  the  people  shall  approve  and  ratify 
such  amendment  or  amendments  by  a  majority  of  the  electors  qualified 
to  vote  for  members  of  the  legislative  assembly  voting  thereon,  such 
amendment  or  amendments  shall  become  a  part  of  the  Constitution  of 
this  state.  If  two  or  more  amendments  shall  be  submitted  at  the  same 
time,  they  shall  be  submitted  in  such  manner  that  the  electors  shall  vote 
for  or  against  each  of  such  amendments  separately. 

SECOND:  Any  amendment  or  amendments  to  this  Constitution  may 
also  be  proposed  by  the  people  by  the  filing  with  the  Secretary  of  State, 
at  least  six  months  previous  to  a  general  election,  of  an  initiative  petition 
containing  the  signatures  of  at  least  twenty-five  per  cent,  of  the  legal 
voters  in  each  of  not  less  than  one-half  of  the  counties  of  the  state.  When 
such  petition  has  been  properly  filed  the  proposed  amendment  or  amend- 
ments shall  be  published  as  the  legislature  may  provide,  for  three  months 
previous  to  the  general  election,  and  shall  be  placed  upon  the  ballot  to 
be  voted  upon  by  the  people  at  the  next  general  election.  Should  any  such 
amendment  or  amendments  proposed  by  initiative  petition  and  submitted 
to  the  people  receive  a  majority  of  all  the  legal  votes  cast  at  such  gen- 
eral election,  such  amendment  or  amendments  shall  be  referred  to  the 
next  legislative  assembly,  and  should  such  proposed  amendment  or  amend- 
ments be  agreed  upon  by  a  majority  of  all  the  members  elected  to  eaoh 
house  such  amendment  or  amendments  shall  become  a  part  of  the  Con- 
stitution of  this  state.  Should  any  amendment  or  amendments  proposed 
by  initiative  petition  and  receive  a  majority  of  all  the  votes  cast  at  the 
general  election   as  herein  provided,  but  failing   to  receive   approval   by 


STATE  OF  NORTH  DAKOTi^ 


the  following  legislative  assembly  to  which  it  has  been  referred,  such 
amendment  or  amendments  shall  again  be  submitted  to  the  people  at 
the  next  general  election  for  their  approval  or  rejection  as  at  the  pre- 
vious general  election.  Should  such  amendment  or  amendments  receive 
a  majority  of  all  the  legal  votes  cast  at  such  succeeding  general  election 
such  amendment  or  amendments  at  once  become  a  part  of  the  Consti- 
tution of  this  state.  Any  amendment  or  amendments  proposed  by  ini- 
tiative petition  and  failing  of  adoption  as  herein  provided,  shall  not  be 
again  considered  until  the  expiration  of  six  years. 

Not  self  executing.  State  v.  Hall,  35  N.  D.  34,  159  N.  W.  281,  overruled 
State  V.  Hall N.  D 171  N.  W.  213. 

Petition  may  be  filed  at  any  time  since  last  general  election  and  not  less 
than  six  months  prior  to  the  election  at  which  question  is  to  be  voted  upon. 
State  V.  Hall N.   D 171  N.   W.  213. 

"Approved  by  a  majority  of  the  electors  voting  thereon"  and  "a  majority  of 
all  legal  votes  cast  at  such  general  election"  are  synonymous  terms.  State 
V.  State  Board  of  Canvassers N.  D 172  N.   W.  80. 

When  proposed  amendment  is  submitted  to  the  electors,  and  a  majority 
of  thi  qualified  electors  voting  at  such  election  vote  in  favor  of  it  and  it  is 
later  ratified  by  the  Legislature  and  approved  by  the  Governor,  it  becomes  a 
part   of   the   constitution.     Green   v.    Frazier N.    D ,    176   N.    W.    11. 


Chapter  86,  Session  Laws  1915. 
Chapter  93,  Session  Laws  1917. 
Adopted  November  5,  1918,  52678  to  28846. 

ARTICLE  25. 

§  89.  The  Supreme  Court  shall  consist  of  five  judges,  a  majority 
of  whom  shall  be  necessary  to  form  a  quorum  or  pronounce  a  decision, 
but  one  or  more  of  said  judges  may  adjourn  the  court  from  day  to  day 
or  to  a  day  certain,  provided,  however,  that  in  no  case  shall  any  legis- 
lative enactment  or  law  of  the  State  of  North  Dakota  be  declared  un- 
constitutional unless  at  least  four  of  the  judges  shall  so  decide. 

No  way  to  give  effect  to  this  constitutional  provision  unless  the  members  of 
this  court  respect  it  as  part  of  the  fundamental  law  by  directing  a  judgment 
to  be  entered  in  individual  cases  which  may  not  conform  to  their  views  as  to 
what  the  judgment  should  be.     Daly  v.  Beery N.  D 178  N.  W.  194. 


State  V.   Olson N.   D 176  N.   W.   528. 

♦  **♦***♦  ♦♦♦ 

Initiated— Vote  November  5,  1918,  47447  to  32598  Ratified  by  Legis- 
lature;   Chapter  88,  Session  Laws  1919. 

ARTICLE  26. 

§  25.     (in  Article  2  as  Amended  by  Article  15  of  Amendment).    The 
legislative  power  of  this  state  shall  be  vested  in  a  legislature  consisting 


CONSTITUTION   OF  NORTH   DAKOTA 


of  a  senate  and  a  house  of  representatives.  The  people,  however,  reserve 
the  power,  first,  to  propose  measures  and  to  enact  or  reject  the  same  at 
the  polls ;  second,  to  approve  or  reject  at  the  polls  any  measure  or  any 
item,  section,  part  or  parts  of  any  measure  enacted  by  the  legislature. 
The  first  power  reserved  is  the  initiative.  Ten  thousand  electors  at 
large  may  propose  any  measure  by  initiative  petition.  Every  such  pe- 
tition shall  contain  the  full  text  of  the  measure  and  shall  be  filed  with 
the  Secretary  of  State  not  less  than  ninety  days  before  the  election  at 
which  it  is  to  be  voted  upon. 

The  second  power  reserved  is  the  referendum.  Seven  thousand  electors 
at  large  may,  by  referendum  petition,  suspend  the  operation  of  any  measure 
enacted  by  the  legislature,  except  an  emergency  measure.  But  the  filing 
of  a  referendum  petition  against  one  or  more  items,  sections  or  parts  of  any 
measure,  shall  not  prevent  the  remainder  from  going  into  effect.  Such 
petition  shall  be  filed  with  the  Secretary  of  State  not  later  than  ninety 
days  after  the  adjournment  of  the  session  of  the  legislature  at  which  such 
measure  was   enacted. 

Each  measure  initiated  by  or  referred  to  the  electors,  shall  be  submitted 
by  its  ballot  title,  which  shall  be  placed  upon  the  ballot  by  the  Secretary 
of  State  and  shall  be  voted  upon  at  any  state-wide  election  designated  in 
the  petition,  or  at  a  special  election  called  by  the  Governor.  The  result  of 
the  vote  upon  any  measure  shall  be  canvassed  and  declared  by  the  Board 
of  Canvassers, 

Any  measure,  except  an  emergency  measure,  submitted  to  the  electors 
of  the  state,  shall  become  a  law  when  approved  by  a  majority  of  the 
votes  cast  thereon.  And  such  law  shall  go  into  effect  on  the  30th  day 
after  the  election,  unless  otherwise  specified  in  the  measure. 

If  a  referendum  petition  is  filed  against  an  emergency  measure  such 
measure  shall  be  a  law  until  voted  ui)on  by  the  electors.  And  if  it  is 
then  rejected  by  a  majority  of  the  votes  cast  thereon,  it  shall  be  thereby 
repealed.  Any  such  measure  shall  be  submitted  to  the  electors  at  a 
special  election  if  so  ordered  by  the  Governor,  or  if  the  referendum  pe- 
tition filed  against  it  shall  be  signed  by  thirty  thousand  electors  at  large. 
Such  special  election  shall  be  called  by  the  Governor,  and  shall  be  held 
not  less  than  one  hundred  nor  more  than  one  hundred  thirty  days  after 
the  adjournment  of  the  session  of  the  legislature. 

The  Secretary  of  State  shall  pass  upon  each  i)etition,  and  if  he  finds 
it  insufficient,  he  shall  notify  the  "Committee  for  the  Petitioners"  and  allow 
•twenty  days  for  correction  or  amendment.  All  decisions  of  the  Secretary 
of  State  in  regard  to  any  such  petition  shall  be  subject  to  review  by  the 
Supreme  Court.  But  if  the  sufficiency  of  such  petition  is  being  reviewed  at 
the  time  the  ballot  is  prepared,  the  Secretary  of  State  shall  place  the 
measure  on  the  ballot  and  no  subsequent  decision  shall  invalidate  such 
measure  if  it  is  at  such  election  approved  by  a   majority  of  the  votes. 


48  STATE  OF  NORTH  DAKOTA 


cast  thereon.     If  proceedings  are  brought  against  any  petition  upon  any 
ground,  the  burden  of  proof  shall  be  upon  the  party  attacking  it. 

No  law  shall  be  enacted  limiting  the  number  of  copies  of  a  petition 
which  may  be  circulated.  Such  copies  shall  become  part  of  the  original 
petition  when  filed  or  attached  thereto.  Nor  shall  any  law  be  enacted 
prohibiting  any  person  from  giving  or  receiving  compensation  for  circulating 
the  petitions,  nor  in  any  manner  interfering  with  the  freedom  in  securing 
signatures  to  petitions. 

Each  petition  shall  have  printed  thereon  a  ballot  title,  which  shall 
fairly  represent  the  subject  matter  of  the  measure,  and  the  names  of  at 
least  five  electors  who  shall  constitute  the  "committee  for  the  petitioners" 
and  who  shall  represent  and  act  for  the  petitioners. 

All  measures  submited  to  the  electors  shall  be  published  by  the 
state  as  follows :  "The  Secretary  of  State  shall  cause  to  be  printed  and 
mailed  to  each  elector  a  publicity  pamphlet,  containing  a  copy  of  each 
measure  together  with  its  ballot  title,  to  be  submitted  at  any  election. 
Any  citizen,  or  the  officers  of  any  organization,  may  submit  to  the  Secre- 
tary of  State  for  publication  in  such  pamphlet,  arguments  concerning 
any  measure  therein,  upon  first  subscribing  their  names  and  addresses 
thereto  and  paying  the  fee  therefor,  which,  until  otherwise  fixed  by  the 
legislature,  shall  be  the  sum  of  two  hundred  dollars  per  page." 

The  enacting  clause  of  all  measures  initiated  by  the  electors  shall  be : 
"Be  it  enacted  by  the  people  of  the  State  of  North  Dakota."  In  sub- 
mitting measures  to  the  electors,  the  Secretary  of  State  and  all  other 
officials  shall  be  guided  by  the  election  laws  until  additional  legislation 
shall  be  provided. 

If  conflicting  measures  initiated  by  or  referred  to  the  electors  shall 
be  approved  by  a  majority  of  the  votes  cast  thereon,  the  one  receiving 
the  highest  number  of  affirmative  votes  shall  become  the  law. 

The  word  "measure"  as  used  herein  shall  include  any  law  or  amend- 
ment thereto,  resolution,  legislative  proposal  or  enactment  of  any 
character. 

The  veto  power  of  the  Governor  shall  not  extend  to  the  measures 
initiated  by  or  referred  to  the  electors.  No  measure  enacted  or  approved 
by  a  vote  of  the  electors  shall  be  repealed  or  amended  by  the  legislature, 
except  upon  a  yea  and  nay  vote  upon  roll  call  of  two-thirds  of  all  the 
members  elected  to  each  house. 

This  section  shall  be  self  executing  and  all  of  its  provisions  shall 
be  treated  as  mandatory.  Laws  may  be  enacted  to  facilitate  its  opera- 
tion, but  no  laws  shall  be  enacted  to  hamper,  restrict  or  impair  the 
exercise  of  the  rights  herein  reserved  to  the  people. 


CONSTITUTION   OF   NORTH    DAKOTA  49 


State  V.   Totten N.   D ,  175  N.   W.   563. 

Construed    in   connection    with    sec.    61.      Daly    v.    Beery,    N.    D 

178  N.   W.  104. 

Legislative  power  vested  in  the  legislature  with  right  of  initiative  and  re- 
ferendum   reserved    to    the    people.      State    v.    Olson N.    D ,    176    N. 

W.   528. 

Legislative  act  establishing  qualifications  of  voters  for  the  election  of 
presidential  electors,  subject  to  referendum.  Re  Opinion  of  the  Justices 
Me. 107  Atl.  705,  5  A.  L.  R.  1407. 

Legislative  resolutions  ratifying  a  proposed  amendment  to  the  Federal  Con- 
situation  not  subject  to  referendum.     Re  Opinion  of  the  Justices   Me 

107  Atl.,  673,  5  A.  L.  R.  1412,  State  of  Rhode  Island  v.  Palmer,  40  Sup.  Ct. 
Rep.     486.     Hawke  v.   Smith,  40  Sup.   Ct.   Rep.   495. 

Redistricting  state  for  congressional  purposes  subject  to  referendum.  Note 
5  a:   L.  R.   1417. 


Initiated— Vote,  November  5,  1918.  46320  to  33572. 
Ratified  by  Legislature,  Chapter  84,  Session  Laws  1919. 

ARTICLE   28. 

Sec.  202  in  Article  15  as  amended  by  Article  16  of  Amendment.  Any 
amendment  or  amendments  to  the  constitution  of  the  state  may  be  pro- 
posed in  either  house  of  the  legislature,  and  if  the  same  shall  be  agreed 
to  upon  roll  call  by  a  majority  of  the  members  elected  to  each  house, 
it  shall  be  submitted  to  the  electors,  and  if  a  majority  of  the  votes  cast 
thereon  are  affirmative,  such  amendment  shall  be  a  part  of  this  con- 
stitution. , 

Amendments  to  the  constitution  of  the  state  may  also  be  proposed 
by  an  initiative  petition  of  the  electors;  such  petition  shall  be  signed  by 
twenty  thousand  elecjtors  at  large  and  shall  be  filed  with  the  Secretary 
of  State  at  least  one  hundred  twenty  days  prior  to  the  election  at  which 
they  are  to  be  voted  upon,  and  any  amendment,  or  amendments  so  pro- 
posed, shall  be  submitted  to  the  electors  and  become  a  part  of  the  con- 
stitution, if  a  majority  of  the  votes  cast  thereon  are  affirmative.  All 
provisions  of  the  constitution  relating  to  the  submission  and  adoption  of 
measures  by  initiative  petition,  and  on  referendum  petition  shall  apply 
to  the  submission  and  adoption  of  amendments  to  the  constitution  of 
the  state. 


Chapter  93,  Session  Laws  1919. 
Adopted  March  16,  1920,  29262  to  17255. 

ARTICLE  33. 

The  qualified  electors  of  the  state  or  of  any  county,  or  of  any  con- 
gressional, judicial  or  legislative  district  may  petition  for  the  recall  any 
elective,  congressional,  state,  county,  judicial  or  legislative  officer  by 
filing  a  petition  with  the  officer  with  whom  the  petition  for  nomination  to 
such  office  in  the  primary  election  is  ffled.  demanding  the  recall  of  such 


50  STATE  OF  NORTH  DAKOTA 

oflScer.  Such  petition  shall  be  signed  by  at  least  thirty  per  cent  of  the 
qualified  electors  who  voted  at  the  preceding  election  for  the  office  of 
Governor  in  the  state,  county  or  district  from  which  such  officer  is  to 
be  recalled.  The  officer  with  whom  such  petition  is  filed  shall  call  a 
special  election  to  be  held  not  less  than  forty  or  more  than  forty-five 
days  from  the  filing  of  such  petition. 

The  officer  against  whom  such  petition  has  been  filed  shall  continue 
to  perform  the  duties  of  his  office  until  the  result  of  such  special  election 
shall  have  been  officially  declared.  Other  candidates  for  such  office  may 
be  nominated  in  the  manner  as  is  provided  by  law  in  primary  elections. 
The  candidate  who  shall  receive  the  highest  numbei-  of  votes  shi.U  be 
deemed  elected  for  the  remainder  of  the  term.  The  name  of  the  candidate 
against  whom  the  recall  petition  is  filed  shall  go  on  the  ticket  unless  he 
resigns  within  ten  days  after  the  filing  of  the  petition.  After  one  such 
petition  and  special  election,  no  further  recall  petition  shall  be  filed 
against  the  same  officer  during  the  term  for  which  he  was  elected.  This 
article  shall  be  self  executing  and  all  of  its  provisions  shall  be  treated 
as  mandatory.  Laws  may  be  enacted  to  facilitate  its  operation,  but  no 
law  shall  be  enacted  to  hamper,  restrict  or  impiir  the  right  of  recill. 

Does    not    apply    to    county    commissioners,    Goughnour    v.    Brant,     N. 

D 182  N.   W.  309. 


Chapter  91,  Session  Laws  1919,  as  amended  by 
Chapter  26,  Special  Session  Laws  1919, 
Adopted  March  16,  1920,  24869  to  18923. 

ARTICLE  35. 

§  183.  The  debt  of  any  county,  township,  city,  town,  school  district 
or  any  other  political  subdivision,  shall  never  exceed  five  per  centum 
upon  the  assessed  value  of  the  taxable  property  therein ;  provided  that 
any  incorporated  city  may,  by  a  two-thirds  vote,  increase  such  indebtedness 
three  per  centum  on  such  assessed  value  beyond  said  five  per  centum 
limit,  and  a  school  district,  by  a  majority  vote  may  increase  such  indebted- 
ness five  per  cent  on  such  assessed  value  beyond  said  five  per  centum 
limit;  provided  also  that  any  county  or  city  by  a  majority  vote  may 
issue  upon  any  revenue  producing  utility  owned  by  such  county  or  city, 
or  for  the  purchasing  or  acquiring  the  same  or  building  or  establishment 
thereof,  in  amounts  not  exceeding  the  physical  value  of  such  utility, 
industry  or  enterprise. 

In  estimating  the  indebtedness  which  a  city,  county,  township,  school 
district  or  any  other  political  subdivision  may  incur,  the  entire  amount, 
exclusive  of  the  bonds  upon  said  revenue  producing  utilities,  whether  con- 
tracted prior  or  subsequent  to  the  adoption  of  this  constitution,  shall  be 
included ;  provided  further  that  any  incorporated  city  m:iy  become  indebted 


CONSTITUTION   OF    NORTH    DAKOTA 


in  any  amount  not  exceeding  four  per  centum  of  such  assessed  value 
without  regard  to  the  existing  indebtedness  of  such  city  for  the  purpose 
of  constructing  or  purchasing  waterworks  for  furnishing  a  supply  of  water 
to  the  inhabitants  of  such  city,  or  for  the  purpose  of  constructing  sewers, 
and  for  no  other  purposes  whatever.  All  bonds  and  obligations  in  excess 
of  the  amount  of  indebtedness  permitted  by  this  Constitution,  given  by 
any  city,  county,  township,  town,  school  district,  or  any  other  political 
subdivision  shall  be  void. 


Chapter  28,  Special  Session  Laws  1919 
Adopted  March  16,  1920,  31082  to  16366. 

ARTICLE  36. 

Amendment.  Every  qualified  elector  who  shall  have  resided  in  the 
state  one  year,  and  in  the  county  ninety  days,  and  in  the  precinct  thirty 
days  next  preceding  any  election,  shall  be  entitled  to  vote  at  such  elec- 
tion :  provided,  that  where  a  qualified  elector  moves  from  one  precinct 
to  another  within  the  same  county,  he  shall  be  entitled  to  vote  in  the 
precinct  from  which  he  moved,  untii  he  establishes  his  residence  in  the 
precinct  to  which  he  moved. 


Chapter  89.  Session  Laws  1917 

Chapter  92,  Session  Laws  1919 

Adopted  November  2,  1920,  135370  to  60772. 

ARTICLE  87. 

Sec.  121.  Every  person  of  the  age  of  twenty-one  years  or  upwards, 
belonging  to  either  of  the  following  classes  who  shall  have  resided  in  the 
state  one  year  and  in  the  county  ninety  days  and  in  the  precinct  thirty 
days  next  preceding  any  election  shall  be  a  qualified  elector  at  such  elec- 
tion. First,  citizens  of  the  United  States :  second,  civilized  persons  of 
Indian  descent  who  have  severed  their  tribal  relations  two  years  next 
preceding  such  election. 


52  STATE   OF  NORTH   DAKOTA 


UNITED  STATES  STATUTES 


Sec.  14a.  Time  for  election  of  Senators — At  the  regular  election 
held  ill  any  State  next  preceding  the  expiration  of  the  term  for  which 
any  Senator  was  elected  to  represent  such  State  in  Congress,  at  which 
election  a  Representative  to  Congress  is  regularly  by  law  to  be  chosen, 
a  United  States  Senator  from  said  State  shall  be  elected  by  the  people 
thereof  for  the  term  commencing  on  the  fourth  day  of  March  next  there- 
after, (June  4,  1914,  c.  103.     Sec.  1.  38,  State  384.) 

Sec.  17.  Election  by  districts — In  each  State  entitled  under  this  ap- 
portionment to  more  than  one  Representative,  the  Representatives  to  the 
Sixty-third  and  each  subsequent  Congress  shall  be  elected  by  districts 
composed  of  a  contiguous  and  compact  territory,  and  containing  as  nearly 
as  practicable  an  equal  number  of  inhabitants.  The  said  districts  shall 
be  equal  to  the  number  of  Representatives  to  which  such  State  may  be 
entitled  in  Congress,  no  district  electing  more  than  one  Representative. 
(Aug.  8,  1911,  c.  5,  Sec.  3.  37,  Stat  14.) 

Sec.  18.  Additional  Representatives  at  large — In  case  of  an  increase 
in  the  number  of  Representatives  in  any  State  under  this  apportionment 
such  additional  Representative  or  Representatives  shall  be  elected  by  the 
State  at  large  and  the  other  Representatives  by  the  districts  now  prescribed 
by  law  until  such  State  shall  be  redistricted  in  the  manner  provided  by 
the  laws  thereof  and  in  accordance  with  the  rules  enumerated  in  section 
three  of  this  Act;  and  if  there  be  no  change  in  the  number  of  Repre- 
sentatives from  a  State,  the  Representatives  thereof  shall  be  elected  from 
the  districts  now  prescribed  by  law  until  such  State  shall  be  redistricted 
as  herein  prescribed.     (Aug.  8,  1911,  c.  5.     Sec.  4.  37  Stat.  14.) 

Sec.  19.  Nominations  for  Representatives  at  large — Candidates  for 
Representative  or  Representatives  to  be  elected  at  large  in  any  State 
shall  be  nominated  in  the  same  manner  as  candidates  for  Governor,  unless 
otherwise  provided  by  the  laws  of  such  State.  (Aug.  8,  1911,  c.  5,  Sec.  5, 
37  Stat.  15.) 

Sec.  21.  Time  of  election — The  Tuesday  next  after  the  first  Monday  in 
November,  in  the  year  eighteen  hundred  and  seventy-six  is  established  as 
the  day,  in  each  of  the  States  and  Territories  of  the  United  States,  for 
the  election  of  Representatives  and  Delegates  to  the  Forty-Fifth  Congress ; 
and  the  Tuesday  next  after  the  first  Monday  in  November,  in  every 
second  year  thereafter,  is  established  as  the  day  for  election,  in  each  of 
said  States  and  Territories,  of  Representatives  and  Delegates  to  the 
Congress  commencing  on  the  fourth  day  of  March  next  thereafter.  (R.  S. 
Sec.  25.) 


ELECTION    LAWS    OF   THE    UNITED    STATES  55 

Sec.  23.  Vacancies — The  time  for  holding  elections  in  any  State^ 
District  or  Territory  for  Representative  or  Delegate  to  fill  a  vacancy, 
whether  such  vacancy  is  caused  by  a  failure  to  elect  at  the  time  pre- 
scribed by  law,  or  by  the  death,  resignation,  or  incapacity  of  a  person 
elected,  may  be  prescribed  by  the  laws  of  the  several  States  and  Terri- 
tories respectively.     (R.  S.  Sec.  26.) 

Sec.  24.  Voting  for  Representatives — All  votes  for  Representatives 
in  Congress  must  be  by  written  or  printed  ballot,  or  voting  machine  the 
use  of  which  has  been  duly  authorized  by  the  State  Law;  and  all  votes 
received  or  recorded  contrary  to  this  section  shall  be  of  no  effect  (R.  S. 
Sec.  27,  Amended  Feb.  14,  1899,  c.  154,  30  Stat.  836.) 


Contest  of  congressional  elections,  see  sections  105  to  130,  Revised 
Statutes,  sections  161  to  187  Compiled  Statutes. 

Statement  of  expenditures  by  party  committees  and  others  attempting^ 
to  influence  the  result  of  congressional  elections  in  two  or  more  states, 
see  Act  June  25,  1910,  c.  392,  36  Stat.  824;  Sections  188  to  194  Compiled 
Statutes. 


Sec.  195.  (1)  "Candidate"  defined) — ^The  word  "candidate"  as  used 
in  this  section  shall  include  all  persons  whose  names  are  presented  for 
nomination  for  Representative  or  Senator  in  the  Congress  of  the  United 
States  at  any  primary  election  or  nominating  convention,  or  for  indorse-^ 
ment  or  election  at  any  general  or  special  election  held  in  connection  with 
the  nomination  or  election  of  a  person  to  fill  such  oflace,  whether  or  not 
such  persons  are  actually  nominated,  indorsed,  or  elected. 

(2)  Filing  statements  by  candidate  for  nomination  or  election  as 
Representative — Every  person  who  shall  be  a  candidate  for  nomination  at 
any  primary  election  or  nominating  convention,  or  for  election  at  any 
general  or  special  election,  as  Representative  in  the  Congress  of  the  United 
States,  shall,  not  less  than  ten  nor  more  than  fifteen  days  before  the  day 
for  holding  such  primary  election,  or  nominating  convention,  and  not 
less  than  ten,  nor  more  than  fifteen  days  before  the  day  of  the  general 
or  special  election  at  which  candidates  for  Representatives  are  to  be 
elected,  file  with  the  Clerk  of  the  House  of  Representatives  at  Washing- 
ton, District  of  Columbia,  a  full,  correct,  and  itemized  statement  of  ail 
moneys  and  things  of  value  received  by  him  or  by  anyone  for  him  with 
his  knowledge  and  consent,  from  any  source,  in  aid  or  support  of  his 
candidacy,  together  with  the  names  of  all  those  who  have  furnished  the 
same  in  whole  or  in  part;  and  such  statement  shall  contain  a  true  and 
itemized  account  of  all  moneys  and  things  of  value,  given,  contributed, 
expended,  used,  or  promised  by  such  candidate,  or  by  his  agent,  rep- 
resentative or  other  person  for  and  in  his  behalf  with  his  knowledge  and 
consent,  together  with  the  names  of  all  those  to  whom  any  and  all  such  gifts. 


54  STATE  OF  NORTH  DAKOTA 


contributions,  payments,  or  promises  were  made,  for  the  purpose  of  pro- 
curing his  nomination  or  election. 

(3)  Filing  statements  by  candidates  for  nomination  or  election  as 
Senator — Every  person  who  shall  be  a  candidate  for  nomination  at  any 
primary  election  or  nominating  convention,  or  for  endorsement  at  any  gene- 
ral or  special  election,  or  election  by  the  legislature  of  any  State, 
as  Senator  in  the  Congress  of  the  United  States,  shall,  not  less  than  ten 
nor  more  than  fifteen  days  before  the  day  for  holding  such  primary  election 
or  nominating  convention,  and  not  less  than  ten  nor  more  than  fifteen  days 
before  the  day  of  the  general  or  special  election  at  which  he  is  seeking 
indorsement,  and  not  less  than  five  nor  more  than  ten  days  before  the 
day  upon  which  the  first  vote  is  to  be  taken  in  the  two  houses  of  the 
legislature  before  which  he  is  a  candidate  for  election  as  Senator,  file 
with  the  Secretary  of  the  Senate  at  Washington,  District  of  Columbia, 
a  full,  correct,  and  itemized  statement  of  all  moneys  and  things  of  value  re- 
ceived by  him  or  by  one  for  him  with  his  knowledge  and  consent,  from  any 
source,  in  aid  or  support  of  his  candidacy,  together  with  the  names  of 
all  those  who  have  furnished  the  same  in  whole  or  in  part ;  and  such 
statement  shall  contain  a  true  and  itemized  account  of  all  moneys  and 
things  of  value  given,  contributed,  expended,  used,  or  promised  by  such 
candidate,  or  by  his  agent,  representative,  or  other  person  for  and  in  his 
behalf  with  his  knowledge  and  consent,  together  with  the  names  of  all 
those  to  whom  any  and  all  such  gifts,  contributions,  payments,  or  promises 
were  made  for  the  purpose  of  procuring  his  nomination  or  election. 

(4)  Filing  statements  by  candidates  after  nomination  and  election — 

Every  such  candidate  for  nomination  at  any  primary  election  or  nominat- 
ing convention,  or  for  indorsement  or  election  at  any  general  or  special 
election,  or  for  election  by  the  legislature  of  any  State,  shall,  within 
fifteen  days  after  such  primary  election  or  nominating  convention,  and 
within  thirty  days  after  any  such  general  or  special  election,  and  within 
thirty  days  after  the  day  upon  which  the  legislature  shall  have  elected 
a  Senator,  file  with  the  Clerk  of  the  House  of  Representatives  or  with 
the  Secretary  of  the  Senate,  as  the  case  may  be,  a  full,  correct,  and  item- 
ized statement  of  all  moneys  and  things  of  value  received  by  him  or  any- 
one for  him,  with  his  knowledge  and  consent,  from  any  source,  in  aid  or 
support  of  his  candidacy,  together  with  the  names  of  all  those  who  have 
furnished  the  same  in  whole  or  in  part;  and  such  statement  shall  contain 
a  true  and  itemized  account  of  all  moneys  and  things  of  value  given, 
contributed,  exx)ended,  used,  or  promised  by  such  candidate,  or  by  his 
agent,  representative,  or  other  person  for  and  in  his  behalf  with  his 
knowledge  and  consent,  up  to,  on,  and  after  the  day  of  such  primary 
election,  nominating  convention,  general  or  special  election,  or  election 
by  the  legislature,  together  with  the  names  of  all  those  to  whom  any  and 
all  such  gifts,  contributions,  payments  or  promises  were  made  for  the 
purpose  of  procuring  his  nomination,  indorsement,  or  election. 


ELECTION    LAWS    OF   THE    UNITED    STATES 


(5)  Contents  of  statements  by  candidates — Every  such  candidate 
shell  include  therein  a  statement  of  every  promise  or  pledge  made  by  him, 
or  by  any  one  for  him  with  his  knowledge  and  consent  or  to  whom  he 
has  given  authority  to  make  any  such  promise  or  pledge  before  the  com- 
pletion of  any  such  primary  election  or  nominating  convention  or  general 
or  special  election  or  election  by  the  legislature,  relative  to  the  appoint- 
ment or  recommendation  for  appointment  of  any  person  to  any  position 
of  trust,  honor,  or  profit,  either  in  the  county,  State  or  Nation,  or  in  any 
political  subdivision  thereof,  or  in  any  private  or  corporate  employment, 
for  the  purpose  of  procuring  the  support  of  such  person  or  of  any  person 
in  his  candidacy,  and  if  any  such  promise  or  pledge  shall  have  been  made  the 
name  or  names,  the  address  or  addresses,  and  the  occupation  or  occupations, 
of  the  person  or  persons  to  whom  such  promise  or  pledge  shall  have  been  made, 
shall  be  stated,  together  with  a  description  of  the  position  relating  to 
which  such  promise  or  pledge  has  been  made.  In  the  event  that  no  such 
promise  or  pledge  has  been  made  by  such  candidate,  that  fact  shall  be 
distinctly  stated. 

(6)  Acts  forbidden  to  candidates — No  candidate  for  Representative 
in  Congress  or  for  Senator  of  the  United  States  shall  promise  any  oflSce 
or  position  to  any  person,  or  to  use  his  influence  or  to  give  his  support 
to  any  person  for  any  office  or  position  for  the  purpose  of  procuring  the 
support  of  such  person,  or  of  any  person  in  his  candidacy ;  nor  shall  any 
candidate  for  Senator  of  the  United  States  give,  contribute,  expend,  use, 
or  promise  any  money  or  thing  of  value  to  assist  in  procuring  the  nomina- 
tion or  election  of  any  particular  candidate  for  the  legislature  of  the 
State  in  which  he  resides  but  such  candidate  may,  within  the  limitation 
and  restrictions  and  subject  to  the  requirements  of  this  act,  contribute 
to  i)olitical  committees  having  charge  of  the  disbursement  of  campaign 
funds. 

(7)  Amount    of    contributions    or    expenditures    by    candidates — No 

candidate  for  Representative  in  Congress  or  for  Senator  of  the  United 
States  shall  give,  contribute,  expend,  use,  or  promise,  or  cause  to  be  given, 
contributed,  expended,  used  or  promised,  in  procuring  his  nomination  and 
election,  any  sum,  in  the  aggregate,  in  excess  of  the  amount  which  he 
may  lawfully  give,  contribute,  expend,  or  promise  under  the  laws  of  the 
State,  in  which  he  resides ;  Provided,  That  no  candidate  for  Representative 
in  Congress  shall  give,  contribute,  expend,  use,  or  promise  any  sum,  in 
the  aggregate,  exceeding  five  thousand  dollars  in  any  campaign  for  his 
nomination  and  election ;  and  no  candidate  for  Senator  of  the  United 
States  shall  give,  contribute,  expend,  use  or  promise  any  sum,  in  the  ag- 
gregate, exceeding  ten  thousand  dollars  in  any  campaign  for  his  nom- 
ination and  election ;  Provided,  further.  That  money  expended  by  any  such 
candidate  to  meet  and  discharge  any  assessment,  fee,  or  charge  made  or 
levied  upon  candidates  by  the  laws  of  the  State  in  which  he  resides,  or 
for  his  necessary  personal  exi)enses,  incurred  for  himself  alone,  for  travel 


56  STATE  OF  NORTH  DAKOTA 

and.  subsistence,  stationery  and  postage,  writing  or  printing  (other  than 
in  newspapers),  and  distributing  letters,  circulars,  and  posters,  and  for 
telegraph  and  telephone  service,  shall  not  be  regarded  as  an  expenditure 
within  the  meaning  of  this  section,  and  shall  not  be  considered  any  part 
of  the  sum  herein  fixed  as  the  limit  of  expense  and  need  not  be  shown 
In  the  statements  herein  required  to  be  filed. 

Held  unconstitutional,   Newberry   v.  U.    S.,   65   L.   ed.   554. 

(8)  Details  in  successive  statements — The  statements  herein  required 
to  be  made  and  filed  before  the  general  election,  or  the  election  by  the 
legislature  at  which  such  candidate  seeks  election,  need  not  contain  items 
of  which  publicity  is  given  in  a  previous  statement ;  but  the  statement 
required  to  be  made  and  filed  after  said  general  election  or  election  by 
the  legislature  shall,  in  addition  to  an  itemized  statement  of  all  expenses 
not  theretofore  given  publicity,  contain  a  summary  of  all  preceding  state- 
ments. 

(9)  Persons  required  to  comply  with  section:  details  of  statements — 

Any  person,  not  yet  a  candidate  for  Senator  of  the  United  States,  who 
shall  have  given,  contributed,  expended,  used,  or  promised  any  money  or 
thing  of  value  to  aid  or  assist  in  the  nomination  or  election  of  any  par- 
ticular member  of  the  legislature  of  the  State  in  which  he  resides,  shall, 
if  he  thereafter  bet?omes  a  candidate  for  such  office,  or  if  he  shall  there- 
after be  elected  to  such  office  without  becoming  a  candidate  therefor, 
comply  with  all  of  the  provisions  of  this  section  relating  to  candidates  for 
such  office,  so  far  as  the  same  may  be  applicable ;  and  the  statement 
herein  required  to  be  made,  verified,  and  filed  after  such  election  shall 
contain  a  full,  true  and  itemized  account  of  each  and  every  gift,  contri- 
bution, expenditure,  and  promise  whenever  made,  in  any  wise  relating  to 
the  nomination  or  election  of  members  of  the  legislature  of  said  State, 
or  in  any  wise  connected  with  or  pertaining  to  his  nomination  and  elec- 
tion of  which  publicity  is  not  given  in  a  previous  statement. 

(10)  Verification  of  statements;  filing  statements — Every  statement 
herein  required  shall  be  verified  by  the  oath  or  affirmation  of  the  candidate, 
taken  before  an  officer,  authorized  to  administer  oaths :  and  the  deposit- 
ing of  any  such  statement  in  a  regular  post  office,  directed  to  the  Clerk  of  the 
House  of  Representatives  or  to  the  Secretary  of  the  Senate,  as  the  case 
may  be,  duly  stamped  and  registered  within  the  time  required  herein 
shall  be  deemed  a  sufficient  filing  of  any  such  statement  under  any  of  the 
provisions  of  this  act. 

(11)  Effect  of  act  on  laws  of  State — This  Act  shall  not  be  construed 
to  annul  or  vitiate  the  laws  of  any  State,  not  directly  in  conflict  herewith, 
relating  to  the  nomination  or  election  of  cndidates  for  the  offices  herein 
named,  or  to  exempt  any  such  candidates  from  complying  with  such  State 
laws.  (June  25,  1910,  c.  392,  Sec.  8,  36  Stat.  824,  amended  Aug.  19,  1911. 
c.  33,  Sec.  2.  37  Stat.  2G,  ;.nd  Auf:.  2:i  1012.  o.  "40.  37  Stat.  300,) 


ELECTION    LAWS    OF    THE    UNITED    STATES  57 

Sec.  196.  Personal  expenses  not  subject  to  act — Any  person  may  in 
connection  with  such  election  incur  and  pay  from  his  own  private  funds  for 
the  purpose  of  influencing  or  controlling  in  two  or  more  States,  the  result* 
of  an  election  at  which  Representatives  to  the  Congress  of  the  United 
States  are  elected,  all  necessary  personal  expenses  for  his  traveling,  for 
stationery,  and  postage,  and  for  telegraph  and  telephone  service  without 
being  subject  to  the  provisions  of  this  Act.  (June  25,  1910,  c.  392.  Sec. 
9,  36  Stat.  824,  amended  Aug.  19,  1911,  c.  33,  Sec.  2.  37  Stat.  26.) 

Sec.  197.  L^al  expenses  in  election  contests  not  limited — ^Nothing 
contained  in  this  Act  shall  limit  or  effect  the  right  of  any  person  to  spend 
money  for  proper  legal  expenses  in  maintaining  or  contesting  the  results 
of  any  election.  (June  25,  1910,  c.  392,  Sec.  10,  36  Stat.  824.  amended 
Aug,  19,  1911,  c.  33,  Sec.  2.  37  Stat  26.) 

Sec.  198.  Pmiishment  for  violations  of  act — P]very  person  willfully 
violating  any  of  the  foregoing  provisions  of  this  Act,  shall  upon  conviction, 
be  fined  not  more  than  one  thousand  dollars  or  imprisonmed  not  more 
than  one  year,  or  both.  (June  25,  1910,  c,  392,  Sec.  11,  36  Stat.  824,  amend- 
ed, Aug.  19,  1911,  c.  33,  Sec.  2.   37  Stat.  26.) 

Sec.  199.  Time  of  appointing  electors — (Except  in  case  of  a  presi- 
dential election  prior  to  the  ordinary  period,  as  specified  in  sections  one 
hundred  and  forty-seven  to  one  hundred  and  forty-nine,  inclusive,  when 
the  oflSces  of  President  and  Vice-President  both  become  vacant.)  The 
electors  of  President  and  Vice-President  shall  be  appointed,  in  each  State, 
on  the  Tuesday  next  after  the  first  Monday  in  November,  in  every  fourth 
year  succeeding  every  election  of  a  President  and  Vice-President.  (R.  S. 
Sec.  131). 

Sec.  200.  Number  of  electors — The  number  of  electors  shall  be  equal 
to  the  number  of  Senators  and  Representatives  to  w^hich  the  several 
States  are  by  law  entitled  at  the  time  when  the  President  and  Vice-Presi- 
dent to  be  chosen  come  into  office ;  except,  that  where  no  apportionment  of 
Representatives  has  been  made  after  any  enumeration,  at  the  time  of 
choosing  electors,  the  number  of  electors  shall  be  according  to  the  then 
existing  apportionment  of  Senators  and  Representatives.     (R.  S.  Sec.  132.) 

Sec.  201.  Vacancies  in  electoral  college — Each  State  may,  by  law, 
provide  for  the  filling  of  any  vacancies  which  may  occur  in  its  college  of 
electors  when  such  college  meets  to  give  its  electoral  vote.     ( R.  S.  Sec.  133. ) 

Sec.  202.  Failure  to  make  choice  on  appointed  day^ Whenever  any 
State  has  held  an  election  for  the  purpose  of  choosing  electors,  and  has 
failed  to  make  choice  on  the  day  prescribed  by  law,  the  electors  may  be 
appointed  on  a  subsequent  day  in  such  a  manner  as  the  legislature  of 
such  State  may  direct.     (R.  S.  Sec.  134.) 

Sec.  203.  Meeting  and  vote  of  electors — The  electors  of  each  State 
shall  meet  and  give  their  votes  on  the  Second  Monday  in  January  next 


58  STATE  OF  NORTH  DAKOTA 

following  their  appointment,  at  such  place  in  each  State  as  the  legis- 
lature of  such  State  shall  direct.     (Feb.  3,  1887,  c.  90,  Sec.  1,  24  Stat.  373.) 

Sec.  204.    Determination  of  controversy  as  to  appointment  of  electors — 

If  any  State  shall  have  provided  by  laws  enacted  prior  to  the  day  fixed 
for  the  appointment  of  the  electors,  for  its  final  determination  of  any 
controversy  or  contest  concerning  the  appointment  of  all  or  any  of  the 
electors  of  such  State,  by  judicial  or  other  methods  or  procedure,  and 
such  determination  shall  have  been  made  at  least  six  days  before  the 
time  fixed  for  the  meeting  of  the  electors,  such  determination  made  pur- 
suant to  such  law  so  existing  on  said  day,  and  made  at  least  six  days 
prior  to  the  said  time  of  meeting  of  the  electors,  shall  be  conclusive,  and 
shall  govern  in  the  counting  of  the  electoral  votes  as  provided  in  the 
Constitution,  and  as  hereafter  regulated,  so  far  as  the  ascertainment 
of  the  electors  appointed  by  such  State  is  concerned.  (Feb.  3,  1887,  c. 
^,  Sec.  2.  24  Stat.  373.) 

Sec.  205.  Certificates  of  appointment  of  electors — It  shall  be  the  duty 
of  the  executive  of  each  State  as  soon  as  practicable  after  the  conclusion 
of  the  appointment  of  electors  in  such  State,  by  the  final  ascertainment 
under  and  in  pursuance  of  the  laws  of  such  State,  providing  for  such 
ascertainment,  to  communicate,  under  the  seal  of  the  State,  to  the  Secre- 
tary of  State  of  the  United  States  a  certificate  of  such  ascertainment  of 
the  electors  appointed,  setting  forth  the  names  of  such  electors  and  the 
canvass  or  other  ascertainment  under  the  laws  of  such  State  of  the 
number  of  votes  given  or  cast  for  each  person  for  whose  appointment  any 
and  all  votes  have  been  given  or  cast;  and  it  shall  also  thereupon  be  the 
duty  of  the  executive  of  each  State  to  deliver  to  the  electors  of  such 
State,  on  or  before  the  day  on  which  they  are  required  by  the  preceding 
section  to  meet,  the  same  certificate  in  triplicate,  under  the  seal  of  the 
State ;  and  such  certificate  shall  be  inclosed  and  transmitted  by  the  electors 
at  the  same  time  and  in  the  same  manner  as  is  provided  by  law  for 
transmitting  by  such  electors  to  the  seat  of  Government  the  lists  of  all 
persons  voted  for  as  President  and  of  all  persons  voted  for  as  Vice- 
President  :  and  section  one  hundred  and  thirty-six  of  the  Revised  Statutes 
is  hereby  repealed ;  and  if  there  shall  have  been  any  final  determination 
in  a  State  of  a  controversy  or  contest  as  provided  for  in  section  two  of 
this  Act,  it  shall  be  the  duty  of  the  executive  of  such  State,  as  soon  as 
practicable  under  such  determination,  to  communicate,  under  the  seal  of 
the  State,  to  the  Secretary  of  State  of  the  United  States,  a  certificate 
of  such  determination,  in  form  and  manner  as  the  same  shall  have  been 
made ;  and  the  Secretary  of  State  of  the  United  States,  as  soon  as  practic- 
able after  the  receipt  at  the  State  Department  of  each  of  the  certificates 
hereinbefore  directed  to  be  transmitted  to  the  Secretary  of  State,  shall 
publish,  in  such  public  newspaper  as  he  shall  designate,  such  certificates  in 
full ;  and  at  the  first  meeting  of  Congress  thereafter  he  shall  transmit  to  the 
two  Houses  of  Congress  copies  in  full  of  each  and  every  such  certificte 


ELECTION    LAWS   OF   THE   UNITED   STATES  59 

SO  received  theretofore  at  the  State  Department.  (Feb.  3,  1887,  c.  90. 
Sec.  3,  24  Stat.  373.) 

Sec.  206.  Maimer  of  voting — The  electors  shall  vote  for  President  and 
Vice-President,  respectively,  in  the  manner  directed  by  the  Constitution. 
(R.  S.     Sec.  137.) 

Sec.  207.  Making  and  signing  certificates — The  electors  shall  maKe 
and  sign  three  certificates  of  all  the  votes  given  by  them,  each  of  which 
certificates  shall  contain  two  distinct  lists  one  of  the  votes  for  President,  and 
the  other  of  the  votes  for  Vice-President  and  shall  annex  to  each  of  the  cer- 
tificates one  of  the  lists  of  the  electors  which  shall  have  been  furnished 
to  them  by  direction  of  the  executive  of  the  State.     (R.  S.     Sec.  138.) 

Sec.  208.  Sealing  and  indorsing  certificates — The  electors  shall  seal 
up  the  certificates  so  made  by  them,  and  certify  upon  each  that  the  lists 
of  all  the  votes  of  such  State  given  for  President,  and  of  all  the  votes 
given  for  Vice-President,  are  contained  therein.     (R.  S.     Sec.  139.) 

Sec.  209.    Transmission  of  certificates — The  electors  shall  dispose  of 

the  certificates  thus  made  by  them  in  the  following  manner: 

One.  They  shall,  by  writing  under  their  hands,  or  under  the  hands 
of  a  majority  of  them,  appoint  a  person  to  take  charge  of  and  deliver  to 
the  President  of  the  Senate,  at  the  seat  of  Government,  before  the  first 
Wednesday  in  January  then  next  ensuing,  one  of  the  certificates. 

Two.  They  shall  forthwith  forward  by  the  postoffice  to  the  President 
of  the  Senate,  at  the  seat  of  Government,  one  other  of  the  certificates. 

Three.  They  shall  forthwith  cause  the  other  of  the  certificates  to  be 
delivered  to  the  judge  of  that  district  in  which  the  electors  shall  assem- 
ble.    (R.  S.  Sec.  140.) 

Sec.  210.     Transmission  of  certificates  to  President  of  Senate— The 

certificates  and  lists  of  votes  for  President  and  Vice-President  of  the 
United  States,  mentioned  in  chapter  one  of  title  three  of  the  Revised 
Statutes  of  the  United  States,  and  in  the  act  to  which  this  is  a  supple- 
ment, shall  be  forwarded,  in  the  manner  therein  provided,  to  the  Pres- 
ident of  the  Senate  forthwith  after  the  Second  Monday  in  January,  on 
which  the  electors  shall  give  their  votes.  (Oct.  19,  1888,  c.  1216,  Sec.  1,  25 
Stat.  G13.) 

Sec.  211.  District  Judge's  List — Whenever  a  certificate  of  votes  from 
any  State  has  not  been  received  at  the  seat  of  Government  on  the  fourth 
Monday  of  the  month  of  January  in  which  their  meeting  shall  have  been 
held,  the  Secretary  of  State  shall  send  a  special  messenger  to  the  district 
judge  in  whose  custody  one  certificate  of  the  votes  from  that  State  has 
been  lodged,  and  such  judge  shall  forthwith  transmit  that  list  to  the  seat 


60  STATE  OF  NORTH  DAKOTA 


of  government.     (R.  S.  Sec.  141,  amended  Oct.  19,  1888,  c.  1216,  Sec.  2,  25 
Stat.  613.) 

Sec.  212.  Absence  of  President  of  Senate — In  case  there  shall  be  no 
President  of  the  Senate  at  the  seat  of  Government  on  the  arrival  of  the 
persons  entrusted  with  the  certificates  of  the  votes  of  the  electors,  then 
such  persons  shall  deliver  such  certificates  into  the  oflice  of  the  Secretary 
of  State,  to  be  safely  kept,  and  delivered  over  as  soon  as  may  be  to  the 
President  of  the  Senate.     (R.  S.     Sec.  143.) 

Sec.  213.  Mileage  of  Messengers — Each  of  the  persons  appointed  by 
the  electors  to  deliver  the  certificates  of  votes  to  the  President  of  the 
Senate  shall  be  allowed,  on  the  delivery  of  the  list  entrusted  to  him,  twenty- 
five  cents  for  every  mile  of  the  estimated  distance,  by  the  most  usual  road, 
from  the  place  of  meeting  of  the  electors  to  the  seat  of  Government  of  the 
United  States.     (R.  S.     Sec.  144.) 

Sec.  214.  Forfeiture  for  messenger's  neglect  of  duty — Every  person 
who,  having  been  appointed,  pursuant  to  subdivison  one  of  section  one 
hundred  and  forty  or  to  section  one  hundred  and  forty-one,  to  deliver  the 
certificates  of  the  votes  of  the  electors  to  the  President  of  the  Senate,  and 
having  accepted  such  appointment,  shall  neglect  to  perform  the  services 
required  from  him,  shall  forfeit  the  sum  of  one  hundred  dollars.  (R.  S. 
Sec.  145.) 

Sec.  3946.  Citizens;  who  are — All  persons  born  in  the  United  States 
and  not  subject  to  any  foreign  power,  excluding  Indians  not  taxed,  are 
declared  to  be  citizens  of  the  United  States.     (R.  S.     Sec.  1992.) 

Sec.  3947.  Same;  children  of  citizens  born  abroad — All  children  here- 
tofore or  hereafter  born  out  of  the  limits  and  jurisdiction  of  the  United 
States,  whose  fathers  were  or  may  be  at  the  time  of  their  birth  citizens 
thereof,  are  declared  to  be  citizens  of  the  United  States ;  but  the  rights 
of  citizenship  shall  not  descend  to  children  whose  fathers  never  resided 
in  the  United  States.      (R.  S.     Sec.  1993.) 

Sec.  3948.  Same;  married  women — Any  woman  who  is  now  or  may 
hereafter  be  married  to  a  citizen  of  the  United  States,  and  who  might  her- 
self be  lawfully  naturalized,  shall  be  deemed  a  citizen,     (R.  S.  Sec.  1994.) 

Sec.  3951.  Same;  certain  Indians  born  in  the  United  States — Every 
Indian  born  within  the  territoral  limits  of  the  United  States  to  whom 
allotments  shall  have  been  made  and  who  has  received  a  patent  in  fee 
simple  under  the  provisions  of  this  Act,  or  under  any  law  or  treaty,  and 
every  Indian  born  within  the  territorial  limits  of  the  United  States  who 
has  voluntarily  taken  up  within  said  limits  his  residence,  sepirate  and 
ap  rt  from  any  tribe  of  Indians  therein,  and  has  adopted  the  habits  of 
civilized  life,  is  hereby  declared  to  be  a  citizen  of  the  United  States,  and 
is  entitled  to  all  the  rights,  privileges    vnd  immunities  of  such  citizens. 


ELECTION  LAWS  OF  THE  UNITED  STATES 


whether  said  Indian  has  been  or  not,  by  birth  or  otherwise,  a  member 
of  any  tribe  of  Indians  within  the  territorial  limits  of  the  United  States 
without  in  any  manner  impairing  or  otherwise  affecting  the  right  of  any 
such  Indian  to  tribal  or  other  property.  Feb.  8,  1887,  c.  119,  Sec.  6,  24 
Stat.  390,  amended  March  3,  1901,  c.  868,  31  Stat.  1447,  and  May  8,  1906, 
c.  2348,  34  Stat.  182.) 

Sec.  3952.    Rights  as  citizens  forfeited  for  desertion — All  persons  who 

deserted  the  military  or  naval  service  of  the  United  States  and  did  not 
return  thereto  or  report  themselves  to  a  provost  marshall  within  sixty 
days  after  the  issuance  of  the  proclamation  by  the  President,  dated  the 
11th  day  of  March,  1865,  are  deemed  to  have  voluntarily  relinquished  and 
forfeited  their  rights  of  citizenship,  as  well  as  their  right  to  become  citi- 
zens, and  such  deserters  shall  be  forever  incapable  of  holding  any  oflSce 
of  trust  or  profit  under  the  United  States,  or  of  exercising  any  rights  of 
citizens  thereof.     (R.  S.  Sec.  1996.) 

Sec.  3953.  Same;  certain  soldiers  and  sailors  not  to  incur — No  sol- 
dier or  sailor,  however,  who  faithfully  served  according  to  his  enlistment 
until  the  19th  day  of  April  1865,  and  who,  without  proper  authority  or 
leave  first  obtained,  quit  his  command  or  refused  to  serve  after  that  date, 
shall  be  held  to  be  a  deserter  from  the  Army  or  Navy;  but  this  section 
shall  be  construed  solely  as  a  removal  of  any  disability  such  soldier  or 
sailor  may  have  incurred,  under  the  preceding  section,  by  the  loss  of 
citizenship  and  of  the  right  to  hold  oflSce,  in  consequence  of  his  desertion. 
(R.  S.  Sec.  1997.) 

Sec.  3954.  Bights  as  citizens  forfeited  for  desertion,  or  avoiding 
draft — Every  person  who  hereafter  deserts  the  military  or  naval  services 
of  the  United  States,  or  who  being  duly  enrolled,  departs  the  jurisdiction 
of  the  district  in  which  he  is  enrolled,  or  goes  beyond  the  limits  of  the 
United  States,  wth  intent  to  avoid  any  draft  into  the  military  or  naval 
service,  lawfully  ordered,  shall  be  liable  to  all  the  penalties  and  for- 
feitures of  section  nineteen  hundred  and  ninety-six  of  the  Revised  Statutes 
of  the  United  States ;  Provided,  That  the  provisions  of  this  section  and 
said  section  nineteen  hundred  and  ninety-six  shall  not  apply  to  any  person 
hereafter  deserting  the  military  or  naval  service  of  the  United  States  in 
time  of  peace ;  And  provided  further.  That  the  loss  of  rights  of  citizen- 
ship heretofore  imposed  by  law  upon  deserters  from  the  military  or  naval 
service  may  be  mitigated  or  remitted  by  the  President  where  the  offense 
was  committed  in  time  of  peace  and  where  the  exercise  of  such  clemency 
will  not  be  prejudicial  to  the  public  interest ;  And  provided  further.  That 
the  provisions  of  section  eleven  hundred  and  eighteen  of  the  Revised  Sta- 
tutes of  the  United  States  that  no  deserter  from  the  military  service  of 
the  United  States  shall  be  enlisted  or  mustered  into  the  military  service, 
and  the  provisions  of  section  two  of  the  Act  of  Congress  approved  August 
first,  eighteen  hundred  and  ninety-four,  entitled  "An  Act  to  regulate  enlist- 


62  STATE  OF  NORTH  DAKOTA 

ments  in  the  Army  of  the  United  States",  shall  not  be  construed  to  pre- 
clude the  reenlistment  or  muster  into  the  Army  of  any  person  who  has 
deserted,  or  may  hereafter  desert,  from  the  military  service  of  the  United 
States  in  time  of  peace,  or  of  any  soldier  whose  service  during  his  last 
preceding  term  of  enlistment  has  not  been  honest  and  faithful,  whenever 
the  reenlistment  or  muster  into  the  military  service  of  such  person  or 
soldier  shall,  in  view  of  the  good  conduct  of  such  x>erson  or  soldier  sub- 
sequent to  such  desertion  or  service,  be  authorized  by  the  Secretary  of 
War.  (R.  S.  Sec.  1998,  amended  Aug.  22,  1912,  c.  336,  Sec.  1,  37  Stat. 
356.) 

Sec.  3960.     Citizenship;   American  women  roarrjing  foreigners — Any 

American  woman  who  marries  a  foreigner  shall  take  the  nationality  of  her 
husband.  At  the  termination  of  the  marital  relation  she  may  resume  her 
American  citizenship,  if  abroad,  by  registering  as  an  American  citizen 
within  one  year  with  a  consul  of  the  United  States,  or  by  returning  to 
reside  in  the  United  States,  or,  if  residing  in  the  United  States  at  the 
termination  of  the  marital  relation,  by  continuing  to  reside  therein.  (March 
2,  1907,  c.  2534,  Sec.  3,  34  Stat.  1228.) 

Sec.  3961.  Same;  foreign  women  marrying  citizens — Any  foreign 
woman  who  acquires  American  citizenship  by  marriage  to  an  American 
shall  be  assumed"  to  retain  the  same  after  the  termination  of  the  marital 
relation  if  she  continues  to  reside  in  the  United  States,  unless  she  makes 
formal  renunciation  thereof  before  a  court  having  jurisdiction  to  natural- 
ize aliens,  or  if  she  resides  abroad,  she  may  retain  her  citizenship  by 
registering  as  such  before  a  United  States  consul  within  one  year  after 
the  termination  of  such  marital  relation.  (March  2,  1907,  c.  2534,  Sec.  4, 
34  Stat.  1229.) 

Sec.  3962.  Same;  cliildren  born  abroad,  of  alien  parents,  by  natural- 
ization of  parents — A  child  born  without  the  United  States  of  alien  par- 
ents shall  be  deemed  a  citizen  of  the  United  States  by  virtue  of  the 
naturalization  of  or  resumption  of  American  Citizenship  by  the  parent ; 
Provided,  That  such  naturalization  or  resumption  takes  place  during  the 
minority  of  such  child ;  And,  provided  further.  That  the  citizenship  of 
such  minor  child  shall  begin  at  the  time  such  minor  child  begins  to  reside 
permanently  in  the  United  States.  (March  2,  1907,  c.  2534.  Sec.  5.  34  Stat. 
1229.) 

Sec.  3963.    Same;  children  of  citizens,  bom  and  residing  abroad — All 

children  born  outside  the  limits  of  the  United  States  who  are  citizens 
thereof  in  accordance  with  the  provisions  of  section  nineteen  hundred  and 
ninety-three  of  the  Revised  Statutes  of  the  United  States  and  who  continue 
to  reside  outside  the  United  States  shall,  in  order  to  receive  the  protection 
of  this  Government,  be  required  upon  reaching  the  age  of  eighteen  years 
to  record  at  an  American  consulate  their  intention  to  become  residents 


ELECTION  LAWS  OF  THE  UNITED  STATES  6.T 

and  remain  citizens  of  the  United  States  and  shall  be  further  required 
to  take  the  oath  of  allegiance  to  the  United  States  upon  attaining  their 
majority.     (March  2,  1907,  c.  2534,  Sec.  G,  34  Stat.  122U.) 

Sec.  3964.  Duplicates  of  evidence,  registration  or  ottier  act  filed  with 
State  Department — Duplicates  of  any  evidence,  registration,  or  other  acts 
required  by  this  Act  shall  be  filed  with  the  Department  of  State  for  record. 
(March  2,  1907,  c.  2534,  Sec.  7,  34  Stat.  1229. > 

Sec.  3965.  Interference  witii  freedom  of  elections — No  oflScer  of  the 
Army  or  Navy  of  the  United  States  shall  prescribe  or  fix,  or  attempt  to 
prescribe  or  fix,  by  proclamation,  order,  or  otherwise,  the  qualifications  of 
voters  in  any  State,  or  in  any  manner  interfere  with  the  freedom  of  any 
election  in  any  State,  or  within  the  exercise  of  the  free  right  of  suffr.ige 
in  any  State.     (R.  S.  Sec.  2003.) 

Sec.  3966.  Race,  color,  or  previous  condition  not  to  affect  right  to 
vote— All  citizens  of  the  United  States  who  are  otherwise  qualified  by  law 
to  vote  at  any  election  by  the  people  in  any  State,  Territory,  district, 
county,  city,  parish,  township,  school  district,  municipality,  or  other  terri- 
torial subdivision,  shall  be  entitled  and  allowed  to  vote  at  all  such  elec- 
tions, without  distinction  of  race,  color,  or  previous  condition  of  servitude ; 
any  constitution,  law,  custom,  usage,  or  regulation  of  any  State  or  Terri- 
tory, or  by  or  under  its  authority,  to  the  contrary  notwithstanding.  (R.  S. 
Sec.  2004.  ) 

Sec.  4351.  Jurisdiction  of  naturalization;  forms — Exclusive  jurisdic- 
tion to  naturalize  aliens  as  citizens  of  the  United  States  is  hereby  con- 
ferred upon  the  following  specified  courts : 

United  States  circuit  and  district  courts  now  existing,  or  which  may 
hereafter  be  established  by  Congress  in  any  State,  United  States  district 
courts  for  the  Territories  of  Arizona,  New  Mexico,  Oklahoma,  Hawaii,  and 
Alaska,  the  supreme  court  of  the  District  of  Columbia,  and  the  United 
States  Courts  for  the  Indian  Territory;  also  all  courts  of  record  in  any 
State  or  Territory  now  existing,  or  which  may  hereafter  be  created, 
having  a  seal,  a  clerk,  and  jurisdiction  in  actions  at  law  or  equity,  or  law 
and  equity,  in  which  the  amount  in  controversy  is  unlimited. 

That  the  naturalization  jurisdiction  of  all  courts  herein  specified.  State, 
Territorial,  and  Federal,  shall  extend  only  to  aliens  resident  within  the 
respective  judicial  districts  of  such  courts. 

The  courts  herein  specified  shall,  upon  the  requisition  of  the  clerks  of 
such  courts,  be  furnished  from  time  to  time  by  the  Bureau  of  (Immigra- 
tion and)  Naturalization  with  such  blank  forms  as  may  be  required  in  the 
naturalization  of  aliens,  and  all  certificates  of  naturalization  shall  be  con- 
secutively numbered  and  printed  on  safety  paper  furnished  by  siid  Bureau. 
(June  29,  1906,  c.  3592.    Sec.  3,  34  Stat.  596.) 


64  STATE   OF  NORTH   DAKOTA 

Sec.  4352.  Proceedings  for  naturalization — An  alien  may  be  admitted 
to  become  a  citizen  of  the  United  States  in  the  following  manner  and  not 
otherwise   : 

(1)  Declaration  of  intention — First.  Pie  shell  declare  on  oath  before 
the  clerk  of  any  court  authorized  by  this  Act  to  naturalize  aliens,  or  his 
authorized  deputy,  in  the  district  in  which  such  alien  resides,  two  years 
at  least  prior  to  his  admission,  and  after  he  has  reached  the  age  of 
eighteen  years,  that  it  is  bona  fide  his  intention  to  become  a  citizen  of  the 
United  States,  and  to  renounce  forever  all  allegiance  and  fidelity  to  any 
foreign  prince,  potentate,  state  or  sovereignty,  and  particularly,  by  name, 
to  the  prince,  potentate,  state  or  sovereignty  of  which  the  alien  may  be 
at  the  time  a  citizen  or  subject.  And  such  declaration  shall  set  forth 
the  name,  age,  occupation,  personal  description,  place  of  birth,  last  foreign 
residence  and  allegiance,  the  date  of  arrival,  the  name  of  the  vessel  if  any, 
in  which  he  came  to  the  United  States,  and  the  present  place  of  residence 
in  the  United  States  of  said  alien  ;  Provided,  however,  That  no  alien,  who, 
in  conformity  with  the  law  in  force  at  the  date  of  his  declaration,  has 
declared  his  intention  to  become  a  citizen  of  the  United  States  shall  be 
required  to  renew  such  declaration. 

(2)  Petition  for  admission  to  citizenship;  certificate  of  arrival  and 
declaration  of  intention — Second.  Not  less  than  two  years  nor  more  than 
seven  years  after  he  has  made  such  declaration  of  intention  he  shall  make 
and  file,  in  duplicate,  a  petition  in  writing,  signed  by  the  applicant  in  his 
own  handwriting  and  duly  verified,  in  which  petition  such  applicant  shall 
state  his  full  name,  his  place  of  residence  (by  street  and  number,  if 
possible),  his  occupation,  and  if  possble,  the  date  and  place  of  his  birth, 
the  place  from  which  he  emmigrated,  and  the  date  and  place  of  his  arrival 
in  the  United  States,  and,  if  he  entered  through  a  port,  the  name  of  the 
vessel  on  which  he  arrived;  the  time  when  and  the  place  and  the  name 
of  the  court  where  he  declared  his  intention  to  become  a  citizen  of  the 
United  States ;  if  he  is  married,  he  shall  state  the  name  of  his  wife,  and, 
if  possible  the  country  of  her  nativity  and  her  place  of  residence  at  the 
time  of  filing  his  petition ;  and  if  he  has  children,  the  name,  date  and 
place  of  birth  and  place  of  residence  of  each  child  living  at  the  time  of 
the  filing  of  his  petition ;  Provided,  That  if  he  has  filed  his  declaration 
before  the  passage  of  this  Act  he  shall  not  be  required  to  sign  the  petition 
in  his  own  handwriting. 

The  petition  shall  set  forth  that  he  is  not  a  disbeliever  in  or  opposed 
to  organized  government,  or  a  member  of  or  affiliated  with  any  organiza- 
tion or  body  of  persons  teacliing  disbelief  in  or  opposed  to  organized 
government,  a  polygamist  or  believer  in  the  practice  of  polygamy,  and  that 
it  is  his  intention  to  become  a  citizen  of  the  United  States  and  to  re- 
nounce absolutely  and  forever  all  allegiance  and  fidelity  to  any  foreign 
prince,  potentate,  state  or  sovereignty,  and  particularly  by  name  to  the 
prince,  potentate,   state  or  sovereignty  of  which  he  at  the  time  of  filing 


ELECTION  LAWS  OF  THE  UNITED  STATES  65 

his  petition  may  be  a  citizen  or  subject,  and  that  it  i^  his  intention  to  re- 
side permanently  within  the  United  States,  and  whether  or  not  he  has 
been  denied  admission  as  a  citizen  of  the  United  States  and,  if  denied,  the 
ground  or  grounds  of  such  denial,  the  court  or  courts  in  which  such  decision 
was  rendered,  and  that  the  cause  for  such  denial  has  since  been  cured  or 
removed,  and  every  fact  material  to  his  naturalization  and  required  to  be 
proved  upon  the  final  hearing  of  his  application. 

The  petition  shall  also  be  verified  by  the  aflSdavits  of  at  least  two 
credible  witnesses,  who  are  citizens  of  the  United  States,  and  who  shall 
state  in  their  afiidavits  that  they  have  personally  known  the  applicant  to 
be  a  resident  of  the  United  States  for  a  period  of  at  least  five  years  con- 
tinuously, and  of  the  State,  Territory,  or  the  District  of  Columbia  in  which 
the  rpplication  is  made  for  a  period  of  at  least  one  year  immediately  pre- 
ceding the  date  of  the  filing  of  his  petition,  and  that  they  each  have  per- 
sonal knowledge  that  the  petitioner  is  a  person  of  good  moral  character, 
and  that  he  is  in  every  way  qualified,  in  their  opinion,  to  be  admitted  as  a 
citizen  of  the  United  States. 

At  the  time  of  filing  his  petition  there  shall  be  filed  with  the  clerk  of 
the  court  a  certificate  from  the  Department  of  Commerce  and  Labor,  if  the 
petitioner  arrives  in  the  United  States  after  the  passage  of  this  Act,  stating 
the  date,  place,  and  manner  of  his  arrival  in  the  United  States,  and  the 
declaration  of  intention  of  such  petitioner,  which  certificate  and  declar- 
ation shall  be  attached  to  and  made  a  part  of  said  petition. 

(3)  Declaration  to  support  constitution  and  laws — ^Third;  he  shall, 
before  he  is  admitted  to  citizenship,  declare  on  oath  in  open  court  that  he 
will  support  the  Constitution  of  the  United  States,  and  that  he  absolutely 
and  entirely  renounces  and  abjures  all  allegiance  and  fidelity  to  any  for- 
eign prince,  potentate,  state  or  sovereignty  and  particularly  by  name  the 
prince,  potentate,  State  or  Sovereignty  of  which  he  was  before  a 
citizen  or  subject :  that  he  will  support  and  defend  the  Constitution  and 
laws  of  the  United  States  against  all  enemies,  foreign  or  domestic,  and  bear 
true  faith  and  allegiance  to  the  same. 

(4)  Evidence  of  residence  and  character — Fourth.  It  shall  be  made 
to  appear  to  the  satisfaction  of  the  court  admitting  any  alien  to  citizen- 
ship that  immediately  preceding  the  date  of  his  application  he  has  resided 
continuously  within  the  United  States  five  years  at  least,  and  within  the 
State  or  Territory  where  such  court  is  at  the  time  held  one  year  at  least, 
and  that  during  that  time  he  has  behaved  as  a  man  of  good  moral  char- 
acter, attached  to  the  principles  of  the  Constitution  of  the  United  States, 
and  well  disposed  to  the  good  order  and  happiness  of  the  same.  In  addi- 
tion to  the  oath  of  the  applicant,  the  testimony  of  at  least  twb  witnesses, 
citizens  of  the  United  States,  as  to  the  facts  of  residence,  moral  character, 
and  attachment  to  the  principles  of  the  Constitution  shall  be  required, 
and  the  name,  place  of  residence,  and  occupation  of  each  witness  shall  be 
.set  forth  in  the  record. 


66  STATE  OF  NORTH  DAKOTA 

(5)  R^iunciation  of  title  or  order — Fifth,  In  c  .se  the  alien  applying 
to  be  admitted  to  citizensliip  lias  borne  any  hereditaiy  titlo.  or  h  is  been 
of  any  of  the  orders  of  nobility  in  tlie  kingdom  or  stite  from  which  he 
came,  lie  shall,  in  addition  to  the  above  requisites,  make  an  express  re- 
nunciation of  his  title  or  order  of  nobilitj'  in  the  court  to  whicli  his  ap- 
plication is  made,  and  his  renunciation  shall  be  recorded  in  the  court. 

(6)  Naturalization  of  widows  and  minor  children  of  aliens  dying 
after  declaration  of  intention — Sixth.  When  any  alien  who  has  declared 
his  intention  to  become  a  citizen  of  the  I'nited  States  dies  before  he  is 
actually  naturalized  the  widow  and  minor  children  of  such  alien  m-y.  by 
complying  with  the  other  provisions  of  this  Act.  be  naturalized  witliout 
making  any  declaration  of  intention. 

(7)  Filipinos,  Porto  Ricans  or  aliens  in  service  of  Amiy,  Na\T, 
Marine  Corps,  Coast  Guard,  or  merchant  marine — Seventh.  Any  native- 
born  Filipino  of  the  age  of  twenty-one  years  and  upward  who  has  de- 
clared his  intention  to  become  a  citizen  of  the  United  States  and  who  has 
enlisted  or  may  hereafter  enlist  in  the  I'nited  States  Navy  or  Marine  Corps 
or  the  JN^aval  Auxiliary  Service,  and  who.  after  service  of  not  less  than 
three  years,  may  be  honorably  discharged  therefrom,  or  who  may  receive 
an  ordinaiT  discharge  with  recommendation  for  reenlistment :  or  any  alien. 
or  any  Porto  Rican  not  a  citizen  of  the  United  States,  of  the  age  of 
twenty  one  years  and  upward,  who  has  enlisted  or  entered  or  may  here- 
after enlist  in  or  enter  the  armies  of  the  United  States,  either  the  Regular 
or  the  Volunteer  Forces,  or  the  National  Army,  the  National  (riiard  or 
Naval  Militia  of  any  State.  Territory,  or  the  District  of  Columlna.  or  the 
State  Militia  in  Federal  Service,  or  in  the  United  States  Navy  or  Marine 
Corps,  or  in  the  United  States  Coast  Guard,  or  who  has  served  for  three 
years  on  board  of  any  vessel  of  the  I'nited  States  (:U)vernment.  or  for 
three  years  on  board  of  merchant  or  fishing  vessels  of  the  T'nited  States 
of  more  than  twenty  tons  burden,  and  while  still  in  the  service  on  a  re- 
enlistment  or  reappointment,  or  within  six  months  after  an  honorable  dis- 
charge or  separation  therefrom,  or  while  on  furlough  to  the  Army  Reserve 
or  Regular  Army  Reserve  after  honorable  service,  may,  on  presentation 
of  the  required  declaration  of  intention  petition  for  naturalization  without 
proof  of  the  required  five  years  residence  within  the  United  States  if  upon 
examination  by  the  representative  of  the  Bureau  of  Naturalization,  in  ac- 
cordance with  the  requirements  of  this  subdivision  it  is  shown  that  such 
residence  can  not  be  established:  any  alien  serving  in  the  military  or 
naval  service  of  the  United  States  during  the  time  this  country  is  engiged 
in  the  present  war  may  file  his  petition  for  naturalization  without  mi  kin? 
the  preliminary  declaration  of  intention  and  without  proof  of  the  required 
five  years  residence  within  the  United  States:  any  alien  declarant  who 
has  served  in  the  United  States  Army  or  Navy,  or  the  Philippine  Con- 
stabulary, and  has  been  honorably  discharged  therefrom,  and  has  been 
accepted  for  service  in  either  the  military  or  naval  service  of  the  United 


ELECTION  LAWS  OF  THE  UNITED  STATES  67 

States  on  the  condition  that  he  become  a  citizen  of  the  United  Sttes.  may 
file  his  petition  for  naturalization  upon  proof  on  continuous  residence  with- 
in the  United  States  for  the  three  years  immediately  preceding  his  peti- 
tion, by  two  witnesses,  citizens  of  the  United  States,  and  in  these  cases 
only  residence  in  the  Philippine  Islands,  and  the  Panama  Canal  Zone,  by 
Aliens  may  be  considered  residenc*e  within  the  United  States,  and  the  place 
of  such  military  service,  shall  be  construed  as  the  place  of  residence  re- 
quired to  be  established  for  purposes  of  naturalization:  and  any  alien,  or 
any  person  owing  permanent  allegiance  to  the  United  States  embraced 
within  this  subdivision,  may  file  his  petition  for  naturalization  in  the  most 
convenient  court  without  proof  of  residence  within  its  jurisdiction,  not- 
withstanding the  limitation  upon  the  jurisdicton  of  the  courts  specified 
in  section  three  of  the  Act  of  June  twenty-ninth,  nineteen  hundred  and  six, 
provided  he  appears  with  his  two  witnesses  before  the  appropriate  repre- 
sentative of  the  Bureau  of  Naturalizatioo  and  passes  the  preliminary  ex- 
amination hereby  required  before  filing  his  petition  for  naturalization  in 
the  oflice  of  the  clerk  of  the  court,  and  in  each  case  the  record  of  this 
examination  shall  be  offered  in  evidence  by  the  representative  of  the  Gov- 
ernment from  the  Bureau  of  Naturalization  and  made  a  part  of  the  record 
at  the  original  and  any  subsequent  hearings:  and,  except  as  otherwise 
herein  provided,  the  honorable  discharge  certificate  of  such  alien,  or  per- 
son, owing  permanent  allegiance  to  the  United  States,  or  the  certificate  of 
service  showing  good  conduct,  signed  by  a  duly  authorized  officer,  or  by 
the  masters  of  said  vessels,  shall  be  deemed  prima  facie  evidence  to  satisfy 
all  of  the  requirements  of  residence  within  the  United  States,  and  within 
the  State,  Territory,  or  the  District  of  Columbia,  and  good  moral  ch  racter 
required  by  law,  when  supported  by  the  affidavits  of  two  witnesses,  citizens 
of  the  United  States,  identifying  the  applicant  as  the  person  named  in 
the  certificate  or  honorable  discharge,  and  in  those  cases  only  where  the 
alien  is  actually  in  the  military  or  naval  service  of  the  United  States,  the 
certificate  of  arrival  shall  not  be  filed  with  the  petition  for  naturalization 
in  the  manner  prescribed:  and  any  petition  for  naturalization  filed  under 
the  provisions  of  this  subdivision  may  be  heard  immediately,  notwithstand- 
ing the  law  prohibits  the  hearing  of  a  petition  for  naturalization  during 
thirty  days  preceding  any  election  in  the  jurisdiction  of  the  court.  Any 
alien,  who,  at  the  time  of  the  passage  of  this  Act.  is  in  the  military  service 
of  the  United  States,  who  may  not  be  within  the  jurisdiction  of  any  court 
authorized  to  naturalize  aliens,  may  file  his  petition  for  naturalization 
without  appearing  in  person  in  the  office  of  the  clerk  of  the  court  and 
shall  not  be  required  to  take  the  prescribed  oath  of  allegiance  in  open 
court.  The  petition  shall  be  verified  by  the  affidavits  of  at  least  two 
credible  witnesses  who  are  citizens  of  the  United  States  and  who  shall 
prove  in  their  affidavits  the  portion  of  the  residence  that  they  have  per- 
sonally knowji  the  applicant  to  have  resided  within  the  United  States. 
The  time  of  military  service  may  be  established  by  the  affidavits  of  at 
least  two  other  citizens  of   the  United   States,   which   together  with   the 


<6S  STATE  OF  NORTH  DAKOTA 


oath  of  allegiance,  may  be  taken  in  accordance  with  the  terms  of  section 
seventeen  hundred  and  fifty  of  the  Revised  Statutes  of  the  United  States 
after  notice  from  and  under  regulations  of  the  Bureau  of  Naturalization. 
Such  affidavits  and  oath  of  allegiance  shall  be  admitted  in  evidence  in  any 
original  or  appellate  naturalization  proceedings  without  proof  of  the 
.genuineness  of  the  seal  or  signature  or  of  the  official  character  of  the 
officer  before  whom  the  affidavits  and  oath  of  allegiance  were  taken,  and 
shall  be  filed  by  the  Representative  of  the  Government  from  the  Bureau 
of  Naturalization  at  the  hearing  as  provided  by  section  eleven  of  the  Act 
of  June  twenty-ninth,  nineteen  hundred  and  six.  Members  of  the  Natwral- 
ization  Bureau  and  Service  may  be  designated  by  the  Secretary  of  Labor 
to  administer  oaths  relating  to  the  administration  of  the  naturalization 
law ;  and  the  requirements  of  section  ten  of  notice  to  take  depositions  to 
the  United  States  Attorneys  is  repealed,  and  the  duty  they  perform,  under 
section  fifteen  of  the  Act  of  June  twenty-ninth,  nineteen  hundred  and  six 
(Thirty-fourth  Statutes  at  Large,  part  one.  page  five  hundred  and  ninety- 
six),  may  also  be  performed  by  the  Commissioner  or  Deputy  Commissioner 
of  Naturalization ;  Provided,  That  it  shall  not  be  lawful  to  make  a  declar- 
ation of  intention  before  the  clerk  of  any  court  on  election  day  or  during 
the  period  of  thirty  days  preceding  the  day  of  holding  any  election  in  the 
jurisdiction  of  the  court;  Provided,  Further,  That  service  by  aliens  upon 
vessels  other  than  of  American  registry  whether  continuous  or  broken, 
shall  not  be  considered  as  residence  for  naturalization  purposes  within  the 
jurisdiction  of  the  United  States,  and  such  aliens  can  not  secure  residence 
for  naturalization  purposes  during  service  upon  vessels  of  foreign  registry. 
During  the  time  when  the  United  States  is  at  war  no  clerk  of  a  United 
States  court  shall  charge  or  collect  a  naturalization  fee  from  an  alien  in 
the  military  service  of  the  United  States  for  filing  his  petition  or  issuing 
the  certificate  of  naturalization  upon  admission  to  citizenship,  and  no  clerk 
of  any  State  court  shall  charge  or  collect  any  fee  for  this  service  unless 
the  laws  of  the  State  require  such  charge  to  be  made,  in  which  case 
nothing  more  than  the  portion  of  the  fee  required  to  be  paid  to  the  State 
shall  be  charged  or  collected.  A  full  accounting  for  all  of  these  trans- 
actions shall  be  made  to  the  Bureau  of  Naturalization  in  the  manner  pro- 
vided by  section  thirteen  of  the  Act  of  June  twenty-ninth,  nineteen  hundred 
and  six. 

(8)  Alien  seamen  deemed  citizens — Eight.  Every  seaman,  being  an 
alien,  shall,  after  his  declaration  of  intention  to  become  a  citizen  of  the 
United  States,  and  after  he  shall  have  served  three  years  upon  such  mer- 
chant or  fishing  vessels  of  the  United  States,  be  deemed  a  citizen  of  the 
United  States  for  the  purpose  of  serving  on  board  any  such  merchant  or 
fishing  vessel  of  the  United  States,  anything  to  the  Contrary  in  any  Act 
of  Congress  notwithstanding ;  but  such  seaman  shall,  for  all  purposes  of 
protection  as  an  American  citizen,  be  deemed  such  after  the  filing  of  his 
declaration  of  intention  to  become  such  citizen;     Provided,  That  nothing 


ELECTION  LAWS  OF  THE  UNITED  STATES  69- 

contained  in  this  Act  shall  be  taken  or  construed  to  repeal  or  modify  any 
portion  of  the  Act  approved  March  fourth,  nineteen  hundred  and  fifteen, 
(Thirty-eighth  Statutes  at  large,  part  one,  page  eleven  hundred  and  sixty- 
four,  chapter  one  hundred  and  fifty-three)  being  an  Act  to  promote  the 
welfare  of  American  seamen. 

(9)  Rciimbursement  for  printing  and  binding — Ninth.  For  the  pur- 
pose of  carrying  on  the  work  of  the  Bureau  of  Naturalization  of  sending 
the  names  of  the  candidates  for  citizenship  to  the  public  schools  and  other- 
wise promoting  instruction  and  training  in  citizenship  responsibilities,  of 
applicants  for  naturalization,  as  provided  in  this  subdivision,  authority  is 
hereby  given  for  the  reimbursement  of  the  printing  and  binding  appro- 
priation of  the  Department  of  Labor  and  upon  the  records  of  the  Treasury 
Department  from  the  naturalization  fees  deposited  in  the  Treasury  through 
the  Bureau  of  Naturalization  for  the  cost  of  publishing  the  citizenship  text 
book  prepared  and  to  be  distributed  by  the  Bureau  of  Naturalization  to 
those  candidates  for  citizenship  only  who  are  in  attendance  upon  the  pub- 
lic schools,  such  reimbursement  to  be  made  upon  statements  by  the  Com- 
missioner of  Naturalization  of  books  actually  delivered  to  such  student, 
candidates  for  citizenship,  and  a  monthly  naturalization  bulletin,  and  in 
this  duty  to  secure  the  aid  of  and  cooperate  with  the  official  State  and 
national  organizations,  including  those  concerned  with  vocational  educa- 
tion and  including  personal  services  in  the  District  of  Columbia,  and  to  aid' 
the  local  Army  exemption  boards  and  cooperate  with  the  War  Depart- 
ment in  locating  declarants  subject  to  the  Army  draft  and  expenses  in- 
cidental thereto. 

(10)  Aliens  erroneously  exercising  privileges  of  citizens — Tenth.  Any 
person  not  an  alien  enemy,  who  resided  uninterruptedly  within  the  United 
States  during  the  period  of  five  years  next  preceding  July  first,  nineteen 
hundred  and  fourteen,  and  was  on  that  date  otherwise  qualified  to  become 
a  citizen  of  the  United  States,  except  that  he  had  not  made  the  declar- 
ation of  intention  required  by  law  and  who  during  or  prior  to  that  time 
because  of  misinformation  regarding  his  citizenship  status  erroneously 
exercised  the  rights  and  performed  the  duties  of  a  citizen  of  the  United 
States  in  good  faith,  may  file  the  petition  for  naturalization  prescribed  by 
law  without  making  the  preliminary  declaration  of  intention  required  of 
other  aliens,  and  upon  satisfactory  proof  to  the  court  that  he  has  so  acted 
may  be  admitted  as  a  citizen  of  the  United  States  upon  complying  in  all 
respects  with  the  other  requirements  of  the  naturalization  law. 

(11)  Alien  enemies — Eleventh.  No  alien  who  is  a  native,  citizen, 
subject,  or  denizen  of  an  country.  State,  or  sovereignty  with  which  the 
United  States  is  at  war  shall  be  admitted  to  become  a  citizen  of  the 
United  States  unless  he  made  his  declaration  of  intention  not  less  than 
two  nor  more  than  seven  years  prior  to  the  existence  of  the  state  of  war 
or  was  at  that  time  entitled  to  become  a  citizen  of  the  United  States,  with- 


70  STATE  OF  NORTH  DAKOTA 

out  making  a  declaration  of  intention,  or  unless  his  petition  for  natural^ 
ization  shall  then  be  pending  and  is  otherwise  entitled  to  admission,  not- 
withstanding he  shall  be  an  alien  enemy  at  the  time  and  in  the  manner 
prescribed  by  the  laws  passed  upon  that  subject ;  Provided,  That  no  alien 
embraced  within  this  subdivision  shall  have  his  petition  for  naturalization 
called  for  a  hearing,  or  heard,  except  after  ninety  days'  notice  given  by 
the  clerk  of  the  court  to  the  Commissioner  or  Deputy  Commissioner  of 
Naturalization  to  be  present,  and  the  petition  shall  be  given  no  final  hear- 
ing except  in  open  court  and  after  such  notice  to  the  representative  of 
the  Government  from  the  Bureau  of  Naturalization,  whose  objection  shall 
cause  the  petition  to  be  continued  from  time  to  time  for  so  long  as  the 
Government  may  require;  Provided,  however.  That  nothing  herein  con- 
tained shall  be  taken  or  construed  to  interfere  with  or  prevent  the  appre- 
hension and  removal,  agreeably  to  law,  of  any  alien  enemy  at  any  time 
previous  to  the  actual  naturalization  of  such  alien ;  and  section  twenty- 
one  hundred  and  seventy-one  of  the  Revised  Statutes  of  the  United  States 
is  hereby  repealed;  Provided,  further,  That  the  President  of  the. United 
States  may,  in  his  discretion  upon  investigation  and  report  by  the  De- 
partment of  Justice  fully  establishing  the  loyalty  of  any  alien  enemy  not 
included  in  the  foregoing  exemption,  except  such  alien  enemy  from  the 
classification  of  alien  enemy,  and  thereupon  he  shall  have  the  privilg^  of 
applying  for  naturalization ;  and  for  the  purpose  of  carrying  into  effect 
the  provisions  of  this  section,  including  personal  services  in  the  District 
of  Columbia,  the  sum  of  $400,000  is  hereby  appropriated,  to  be  available 
until  June  thirtieth,  nineteen  hundred  and  nineteen,  including  travel  ex- 
penses for  members  of  the  Bureau  of  Naturalization  and  its  field  service 
only,  and  the  provisions  of  Section  thirty-six  hundred  and  seventy-nine  of 
the  Revised  Statutes  shall  not  be  applicable  in  any  way  to  this  appro- 
priation. 

(12)  Repatriation  of  expatriated  citizens — Twelfth.  Any  person,  who, 
while  a  citizen  of  the  United  States  and  during  the  existing  war  in 
Europe,  entered  the  military  or  naval  service  of  any  country  at  war  with 
a  country  with  which  the  United  States  is  now  at  war,  who  shall  be 
deemed  to  have  lost  his  citizenship  by  reason  of  any  oath  or  obligation 
taken  by  him  for  the  purpose  of  entering  such  service,  may  resume  his 
citizenship  by  taking  the  oath  of  allegiance  to  the  United  States  prescribed 
by  the  naturalization  law  and  regulations,  and  such  oath  may  be  taken 
before  any  court  of  the  United  States  or  of  any  State  authorized  by  law 
to  naturalize  aliens  or  before  any  consul  of  the  United  States,  and  certi- 
fied copies  thereof  shall  be  sent  by  such  court  or  consul  to  the  Depart- 
ment of  State  and  the  Bureau  of  Naturalization,  and  the  Act  (Public 
fifty-five  Congress,  approved  October  fifth,  nineteen  hundred  and  seven- 
teen,) is  hereby  repealed. 

(13)  Proof  of  continuous  residence— Thirteenth.  Any  person  who  is 
serving  in  the  military  or  naval  forces  of  the  United  States  at  the  termin- 


ELECTION  LAWS  OF  THE  UNITED  STATES  71 

ation  of  the  existing  war,  and  any  person  who  before  the  termination  of 
the  existing  war  may  have  been  honorably  discharged  from  the  military  or 
naval  services  of  the  United  States  on  account  of  disability  incurred  in 
line  of  duty,  shall,  if  he  applies  to  the  proper  court  for  admission  as  a 
citizen  of  the  United  States,  be  relieved  from  the  necessity  of  proving  that 
immediately  preceding  the  date  of  his  application  he  has  resided  con- 
tinuously within  the  United  States  the  time  required  by  law  of  other 
fslieus,  or  within  the  State,  Territory,  or  t:he  District  of  Columbia  for  the 
year  immediately  preceding  the  date  of  his  petition  for  naturalization,  but 
his  petition  for  naturalization  shall  be  supported  by  the  aflfidavits  of  two 
credible  witnesses,  citizens  of  the  United  States,  identifying  the  petitioner 
as  the  person  named  in  the  certificate  of  honorable  discharge,  which  said 
certificate  may  be  accepted  as  evidence  of  good  moral  character  required 
by  law  and  he  shall  comply  with  the  other  requirements  of  the  naturaliza- 
tion law.  (June  29,  1906,  c.  35^2,  Sec.  4,  34  Stat.  596;  amended  June  25, 
1910,  c.  401,  Sec.  3,  36  Stat.  830,  and  May  9,  1918,  c.  69,  Sees.  1-3,  40 
Stat.) 

Sec.  4352a.  Validation  of  certificates  of  naturalization — All  certificates 
of  naturalization  granted  by  courts  of  competent  jurisdiction  prior  to 
December  thirty-first,  nineteen  hundred  and  eighteen,  upon  petitions  for 
naturalization  filed  prior  to  January  thirty-first,  nineteen  hundred  and 
eighteen,  upon  declarations  of  intention  filed  prior  to  September  twenty- 
seventh,  nineteen  hundred  and  six,  are  hereby  declared  to  be  valid  in  so 
far  as  the  declaration  of  intention  is  concerned,  but  shall  not  be  by  this 
act  further  validated  or  legalized.     (May  9,  1918,  c.  69,  Sec.  3,  40  Stat.) 

See.  4352aa.  Acts  repealed — All  acts  or  parts  of  acts  inconsistent  with 
or  repugnant  to  the  provisions  of  this  Act  are  hereby  repealed;  but  nothing 
in  this  Act  shall  repeal  or  in  any  way  enlarge  section  twenty-one  hun- 
dred and  sixty-nine  of  the  Revised  Statutes,  except  as  specified  in  the 
seventh  subdivision  of  this  Act  and  under  the  limitation  therein  defined; 
Provided,  That  for  the  purposes  of  prosecution  of  all  crimes  and  offenses 
against  the  naturalization  laws  of  the  United  States  which  may  have 
been  committed  prior  to  this  Act  the  Statutes  and  laws  hereby  repealed 
shall  remain  in  full  force  and  effect.  Provided,  further.  That  as  to  all 
aliens,  who,  prior  to  January  first,  nineteen  hundred,  served  in  the  Armies 
of  the  United  States  and  were  honorably  discharged  therefrom,  section 
twenty-one  hundred  and  sixty-six  of  the  Revised  Statutes  of  the  United 
States  shall  be  and  remain  in  full  force  and  effect,  anything  in  this  Act 
to  the  Contrary  notwithstanding.     (May  9,  1918,  c.  69,  Sec.  2,  40  Stat.) 

Section  4353.     Notice  of  filing  of  petition  and  hearing  thereon — The. 

clerk  of  any  court  shall,  immediately  after  filing  the  petition,  give  notice 
thereof  by  posting  in  a  public  and  conspicuous  place  in  his  oflSce  or  in 
the  building  in  which  his  office  is  situated,  under  an  appropriate  heading, 
the  name,  nativity,  and  residence  of  the  alien,  the  date  and  place  of  his 
arrival  in  the  United  States,  and  the  date,  as  nearly  as  may  be,  for  the 


n  STATE   OF  NORTH   DAKOTx\ 

final  hearing  of  his  petition,  and  the  names  of  the  witnesses,  whom  the 
applicant  expects  to  summon  in  his  behalf,  and  the  clerk  shall,  if  the  appli- 
cant requests  it,  issue  a  subpoena  for  the  witnesses  so  named  by  the  said 
applicant  to  appear  upon  the  day  set  for  the  final  hearing,  but  in  case 
such  witnesses  can  not  be  produced  upon  the  final  hearing  other  wit- 
nesses may  be  summoned.  (June  29,  1906,  c.  3592,  Sec.  5,  34  Stat  598.) 
Sec.  4354.  Time  for  filing  petition  and  final  action;  change  of  name- 
Petitions  for  naturalization  may  be  made  and  filed  during  term  time  or 
vacation  of  the  court  and  shall  be  docketed  the  same  day  as  filed,  but  final 
action  thereon  shall  be  had  only  on  stated  days,  to  be  fixed  by  the  rule  of 
the  court,  and  in  no  case  shall  final  action  be  had  upon  a  petition  until 
at  least  ninety  days  have  elapsed  after  filing  and  posting  the  notice  of 
such  petition ;  Provided,  That  no  person  shall  be  naturalized  nor  shall 
any  certificate  of  naturalization  be  issued  by  any  court  within  thirty  days 
preceding  the  holding  of  any  general  election  within  its  territorial  juris- 
diction. It  shall  be  lawful,  at  the  time  and  as  a  part  of  the  naturalization 
of  any  alien,  for  the  court,  in  its  discretion,  upon  the  petition  of  such 
alien,  to  make  a  decree  changing  the  name  of  said  alien,  and  his  certificate 
of  naturalization  shall  be  issued  to  him  in  accordance  therewith.  June 
29,  1906,  c.  3592,  Sec.  6,  34  Stat.  598.) 

Sec.  4358.  Aliens  of  African  nativity  and  descent — The  provisions  of 
this  Title  shall  apply  to  aliens  being  free  white  persons,  and  to  aliens  of 
African  nativity  and  to  persons  of  African  descent.  (R.  S.  Sec.  2169. 
amended  Feb.  18,  1875,  c.  80,  Sec.  1,  18  Stat.  318.) 

Sec.  4359.  Chinese  not  to  be  naturalized — Hereafter  no  State  court  or 
court  of  the  United  States  shall  admit  Chinese  to  citizenship ;  and  all 
laws  in  conflict  with  this  Act  are  hereby  repealed.  (May  6,  1882.  c.  126, 
Sec.  14,  22  Stat.  61.) 

Sec.  4360.  Residence  of  five  years — Xo  alien  shall  be  admitted  to  be- 
come a  citizen  who  has  not  for  the  continued  term  of  five  years  next  pre- 
ceding his  admission  resided  within  the  United  States.   (R.  S.  Sec.  2170.) 

Sec.  4381.  Residence  in  Hawaiian  Islands  equivalent  to  residence  in 
the  United  States — For  the  purpose  of  naturaIiz:ition  under  the  laws  of 
the  United  States  residence  in  the  Hawaiian  Isbinds  prior  to  the  taking 
effect  of  this  Act  shall  be  deemed  equivalent  to  residence  in  the  Ignited 
States  and  in  the  Territory  of  Hawaii,  and  the  requirement  of  a  previous 
declaration  of  intention  to  become  a  citizen  of  the  United  States,  and  to 
renounce  former  allegiance  shall  not  apply  to  persons  who  have  resided 
in  said  Islands  at  least  five  years  prior  to  the  taking  effect  of  this  Act ; 
but  all  other  provisions  of  the  laws  of  the  United  States  relating  to 
naturalization  shall,  so  far  as  applicable,  apply  to  persons  in  said  Islands. 

All  records  relating  to  naturalization,  all  declarations  of  intention  to 
become  citizens  of  the  United  States,  and  all  certificites  of  naturalizntion 


ELECTION  LAWS  OF  THE  UNITED  STATES  73 

filed,  recorded  or  issued  prior  to  the  taking  effect  of  the  Naturalization 
Act  of  June  twenty-ninth,  nineteen  hundred  and  six,  in  or  from  any  cir- 
cuit court  of  the  Territory  of  Hawaii,  shall  for  all  purposes  be  deemed  to- 
be  and  to  have  been  made,  filed,  or  recorded  or  issued  by  a  court  with 
jurisdiction  to  naturalize  aliens,  but  shall  not  be  by  this  Act  further 
validated  or  legalized.  (April  30,  1900,  c.  339,  Sec.  100,  31  Stat.  161, 
amended  May  27,  1910,  c.  258,  Sec.  9,  36  Stat.  448.) 

See.  4363.  Anarchists  and  polygamists  not  to  be  naturalized — No  per- 
son who  disbelieves  in  or  who  is  opposed  to  organized  government,  or  who 
is  a  member  of  or  affiliated  with  any  organization  entertaining  and  teach- 
ing such  belief  in  or  opposition  to  organized  government,  or  who  advocates 
or  teaches  the  duty,  necessity,  or  propriety  of  the  unlawful  assaulting  or 
killing  of  any  officer  or  officers,  either  of  specific  individuals  or  of  officers 
generally,  of  the  Government  of  the  United  States,  or  of  any  other  or- 
ganized government,  because  of  his  or  their  official  character,  or  who  is  a 
polygamist,  shall  be  naturalized  or  be  made  a  citizen  of  the  United  States. 
(Juue  29,  1906,  c.  3592,  Sec.  7,  34  Stat.  598.) 

Sec.  4364.     Persons  not  speaking  English  not  to  be  naturalized — No 

alien  shall  hereafter  be  naturalized  or  admitted  as  a  citizen  of  the  United 
States  who  can  not  speak  the  English  language ;  Provided,  That  this  re- 
quirement shall  not  apply  to  aliens  who  are  physically  unable  to  comply 
therewith,  if  they  are  otherwise  qualified  to  become  citizens  of  the  United 
States ;  and  provided  further.  That  the  requirements  of  this  section  shall 
not  apply  to  any  alien  who  has  prior  to  the  passage  of  this  Act  declared 
his  intention  to  become  a  citizen  of  the  United  States  in  conformity  with 
the  law  in  force  at  the  date  of  making  such  declaration ;  Provided,  fur- 
ther, That  the  requirements  of  section  eight  shall  not  apply  to  aliens  who 
shall  hereafter  declare  their  intention  to  become  citizens  and  who  shall 
make  homestead  entries  upon  the  public  lands  of  the  United  States  and 
comply  in  all  respects  with  the  laws  providing  for  homestead  entries  on 
such  lands.     (June  29,  1906,  c.  3592,  Sec.  8,  34  Stat.  599.) 

Sec.  4365.  Wife  making  homestead  entry  and  children  of  aliens  be^ 
coming  insane  before  actually  naturalized — When  any  alien,  who  has  de- 
clared his  intention  to  become  a  citizen  of  the  United  States,  becomes  in- 
sane before  he  is  actually  naturalized,  j:nd  his  wife  shall  thereafter  make 
a  homestead  entry  under  the  laud  laws  of  the  United  States,  she  and 
their  minor  children  may.  by  complying  with  the  other  provisions  of  the 
naturalization  laws  be  naturalized  without  making  any  declaration  of  in- 
tention.     (Feb.  24,  1011,  c.  151.  36  Stat.  929). 

Sec.  4365.  Persons  not  citizens  who  owe  permanent  allegiance  to 
United  States — All  the  applicable  provisions  of  the  naturalization  laws  of 
the  United  States  shall  apply  to  and  be  held  to  authorize  the  admission 
to  citizenship  of  all  persons  not  citizens  who  owe  permanent  allegiance  to 


74  STATE  OF  NORTH  DAKOTA 

the  United  States,  and  who  may  become  residents  of  any  State  or  organ- 
ized 'territory  of  the  United  States,  with  the  following  modifications: 
The  applicant  shall  not  be  required  to  renounce  allegiance  to  any  foreign 
sovereignty ;  he  shall  make  his  declaration  of  intention  to  become  a  citizen 
of  the  United  States  at  least  two  years  prior  to  his  admission ;  and  resi- 
dence within  the  jurisdiction  of  the  United  States  owing  such  permanent 
allegiance,  shall  be  regarded  as  residence  within  the  United  States  within 
the  meaning  of  the  five  years'  residence  clause  of  the  existing  law.  (June 
29,  1906,  c.  3592,  Sec.  30,  34  Stat.  606.) 

Sec.  4367.  Citizenship  of  children  of  persons  naturalized  under  cer- 
tain laws — ^The^  children  of  persons  who  have  been  duly  naturalized  under 
any  law  of  the  United  States,  or  who,  previous  to  the  passing  of  any  law 
on  that  subject,  by  the  Government  of  the  JJnited  States,  may  have  be- 
come citizens  of  any  of  the  States,  under  the  laws  thereof,  being  under 
the  age  of  twenty-one  years  at  the  time  of  the  nafuralization  of  their 
parents,  shall,  if  dwelling  in  the  United  States,  be  considered  as  citizens 
thereof;  and  the  children  of  persons  who  now  are,  or  have  been,  citizens 
of  the  United  States,  shall,  though  born  out  of  the  limits  and  jurisdiction 
of  the  United  States,  be  considered  as  citizens  thereof.  (R.  S.  Sec. 
2172.) 

Sec.  4368.  Final  hearing  on  petition ;  record  of  final  order — Every  final 
hearing  upon  such  petition  shall  be  had  in  open  court  before  a  judge  or 
judges  thereof,  and  every  final  order  which  may  be  made  upon  such  peti- 
tion shall  be  under  the  hand  of  the  court  and  entered  in  full  upon  a  record 
kept  for  that  purpose,  and  upon  such  final  hearing  of  such  petition  the 
applicant  and  witnesses  shall  be  examined  under  oath  before  the  court 
and  in  the  presence  of  the  court.  (June  29,  1906,  c.  3592,  Sec.  9,  34 
Stat.  599.) 

Sec.  4369.  Evidence  of  Residence — In  case  the  petitioner  has  not  re- 
sided in  the  State,  Territory,  or  the  District  of  Columbia  for  a  period  of 
five  years  continuously  and  immediately  preceding  the  filing  of  his  peti- 
tion he  may  establish  by  two  witnesses,  both  in  his  petition  and  at  the 
hearing,  the  time  of  his  residence  within  the  State,  provided  that  it  has 
been  for  more  than  one  year,  and  the  remaining  portion  of  his  five  years' 
residence  within  the  United  States  required  by  law  to  be  established  may 
he  proved  by  the  depositions  of  two  or  more  witnesses,  who  are  citizens  of 
the  United  States,  upon  notice  to  the  Bureau  of  Immigration  and  Natur- 
alization and  the  United  "States  attorney  for  the  district  in  which  said 
witnesses  may  reside.  (June  29,  1906,  c.  3592,  Sec.  10,  34  Stat.  599,  amended 
May  9,  1918,  c.  69,  Sec.  3,  40  Stat.) 

Sec.  4370.  Appearance  by  United  States  and  proceedings  in  opposi- 
tion— The  United  States  shall  have  the  right  to  appear  before  any  court 
or  courts  exercising  jurisdiction  in  naturalization  proceedings  for  the  pur- 
pose of  cross-examining  the  petitioner  and  the  witnesses  produced  in  sup- 


ELECTION  LAWS  OP  THE  UNITED  STATES  7S 

port  of  his  petition  concerning  any  matter  touching  or  in  any  way  affect- 
ing his  right  to  admission  to  citizenship,  and  shall  have  the  right  to  call 
witnesses,  produce  evidence,  and  be  heard  in  opposition  to  the  granting  of 
any  petition  in  naturalization  proceedings.  (June  29,  1906,  c.  3592,  Sec.  11, 
34  Stat.  599.) 

Sec.  4371.  Duties  of  clerks  of  courts — It  is  hereby  made  the  duty  of 
the  clerk  of  each  and  every  court  exercising  jurisdiction  in  naturalization 
matters  under  the  provisions  of  this  Act  to  keep  and  file  a  duplicate  of 
each  declaration  of  intention  made  before  him  and  to  send  to  the  Bureau 
of  (Immigration  and)  Naturalization  at  Washington,  within  thirty  days 
after  the  issuance  of  a  certificate  of  citizenship,  a  duplicate  of  such  certi- 
cate,  and  to  make  and  keep  on  file  in  his  oflBce  a  stub  for  each  certificate 
so  issued  by  him,  whereon  shall  be  entered  a  memorandum  of  all  the  essen- 
tial facts  set  forth  in  such  certificates.  It  shall  also  be  the  duty  of  the 
clerk  of  each  of  said  courts  to  report  to  the  said  Bureau,  within  thirty 
days  after  the  final  hearing  and  decision  of  the  court,  the  name  of  each 
and  every  alien  who  shall  be  denied  naturalization  and  to  furnish  to  said 
Bureau  duplicates  of  all  petitions  within  thirty  days  after  the  filing  of 
the  same,  and  certified  copies  of  such  other  proceedings  and  orders  in- 
stituted in  or  issued  out  of  said  court  affecting  or  relating  to  the  natural- 
ization of  aliens  as  may  be  required  from  time  to  time  by  the  said 
Bureau. 

In  case  any  such  clerk  or  oflBcer  acting  under  his  direction  shall  refuse 
or  neglect  to  comply  with  any  of  the  foregoing  provisions  he  shall  forfeit 
and  pay  to  the  United  States  the  sum  of  twenty-five  dollars  in  each  and 
every  case  in  which  such  violation  or  omission  occurs,  and  the  amount  of 
such  forfeiture  may  be  recovered  by  the  United  States  in  an  action  of 
debt  against  such  clerk. 

Clerks  of  court  having  and  exercising  jurisdiction  in  naturalization 
matters  shall  be  responsible  for  all  blank  certificates  of  citizenship  re- 
ceived by  them  from  time  to  time  from  the  Bureau  of  (Immigration  and) 
Naturalization,  and  shall  account  for  the  same  to  the  said  Bureau  when- 
ever required  so  to  do  by  such  Bureau.  No  certificate  of  citizenship  re- 
ceived by  any  such  clerk  which  may  be  defaced  or  injured  in  such  man- 
ner as  to  prevent  its  use  as  herein  provided  shall  in  any  case  be  de- 
stroyed, but  such  certificate  shall  be  returned  to  the  said  Bureau;  and  in 
case  any  such  clerk  shall  fail  to  return  or  properly  account  for  any  certi- 
ficate furnished  by  the  said  Bureau,  as  herein  provided,  he  shall  be  liable 
to  the  United  States  in  the  sum  of  fifty  dollars,  to  be  recovered  in  an 
action  of  debt,  for  each  and  every  certificate  not  properly  accounted  for 
or  returned.     (June  29,  1906,  c.  3592,  Sec.  12,  34  Stat.  599.) 

Sec.  4372.  Fees — The  clerk  of  each  and  every  court  exercising  juris- 
diction in  naturalization  cases  shall  charge,  collect,  and  account  for  the 
following  fees  in  each  proceeding  : 


ie  STATE  OF  NORTH  DAKOTA 

For  receiving  and  filing  a  declaration  of  intention  and  issuing  a  dupli- 
cate thereof,  one  dollar. 

For  making,  filing  and  docketing  the  petition  of  an  alien  for  admis- 
sion as  a  citizen  of  the  United  States  and  for  the  final  hearing  thereon, 
two  dollars;  and  for  entering  the  final  order  and  the  issuance  of  the  cer- 
tificate of  citizenship  thereunder,  if  granted,  two  dollars. 

The  clerk  of  any  court  collecting  such  fees  is  hereby  authorized  to 
retain  one-half  of  the  fees  collected  by  him  in  such  naturalization  pro- 
ceeding; the  remaining  one-half  of  the  naturalization  fees  in  each  case 
collected  by  such  clerks  respectively,  shall  be  accounted  for  in  their  quar- 
terly accounts,  which  they  are  hereby  required  to  render  the  Bureau  of 
(Immigration  and)  Naturalization,  and  paid  over  to  such  Bureau  within 
thirty  days  from  the  close  of  each  quarter  in  each  and  every  fiscal  year,, 
and  the  moneys  so  received  shall  be  paid  over  to  the  disbursing  clerk  of 
the  Department  of  (Commerce  and)  Labor,  who  shall  thereupon  deposit 
them  in  the  treasury  of  the  United  States,  rendering  an  account  therefor 
quarterly  to  the  Auditor  for  the  State  and  other  Departments,  and  the 
said  disbursing  clerk  shall  be  held  responsible  under  his  bond  for  said  fees 
so  received. 

In  addition  to  the  fees  herein  required,  the  petitioner  shall,  upon  the 
filing  of  his  petition,  to  become  a  citizen  of  the  United  States,  deposit  with 
and  pay  to  the  clerk  of  the  court  a  sum  of  money  suflicient  to  cover  the 
expenses  of  subpoenaing  and  paying  the  legal  fees  of  any  witnesses  for 
whom  he  may  request  a  subpoena,  and  upon  the  final  discharge  of  such 
witnesses,  they  shall  receive,  if  they  demand  the  same  from  the  clerk, 
the  customary  and  usual  witness  fees  from  the  moneys  which  the  petitioner 
shall  have  paid  to  such  clerk  for  such  purpose,  and  the  residue,  if  any, 
shall  be  returned  by  the  clerk  to  the  petitioner ;  Provided,  That  the  clerks 
of  courts  exercising  jurisdiction  in  naturalization  proceedings  shall  be  per- 
mitted to  retain  one-half  of  the  fees  in  any  fiscal  year  up  to  the  sum  of 
three  thousand  dollars,  and  that  all  fees  received  by  such  clerks  in  natur- 
alization proceedings  in  excess  of  such  amount  shall  be  accounted  for  and 
paid  over  to  said  Bureau  as  in  case  of  other  fees  to  which  the  United 
States  may  be  entitled  under  the  provisions  of  this  Act.  The  clerks  of  the 
various  courts  exercising  jurisdiction  in  naturalization  proceedings  shall 
pay  all  additional  clerical  force  that  may  be  required  in  performing  the 
duties  imposed  by  this  Act  upon  the  clerks  of  courts  from  fees  received  by 
such  clerks  in  naturalization  proceedings.  And  in  case  the  clerk  of  any 
court  exercising  naturalization  jurisdiction  collects  fees  in  excess  of  the 
sum  of  six  thousand  dollars  in  anj-  fiscal  year  the  Secretary  of  (Commerce 
and)  Labor  may  allow  salaries,  for  naturalization  purposes  only,  to  pay 
for  clerical  assistance,  to  be  selected  and  employed  by  that  clerk,  additional 
to  the  clerical  force,  for  which  clerks  of  courts  are  required  by  this  sec- 
tion to  pay  from  fees  received  by  such  clerks  in  naturalization  proceedings,. 


ELECTION  LAWS  OF  THE  UNITED  STATES  77 

if  in  the  opinion  of  said  Secretary  the  naturalization  business  of  such 
clerk  warrants  further  additional  assistance;  Provided,  That  in  no  event, 
shall  the  whole  amount  allowed  the  clerk  of  a  court  and  his  assistants 
exceed  one-half  of  the  gross  receipts  of  the  oflBce  of  said  clerk  from  na- 
turalization fees  during  such  fiscal  year;  Provided,  further,  That  when, 
at  the  close  of  any  fiscal  year,  the  business  of  such  clerk  of  court  indicates 
in  the  opinion  of  the  Secretary  of  (Commerce  and)  Labor  that  the  natur- 
alization fees  for  the  succeeding  fiscal  year  will  exceed  six  thousand  dol- 
lars the  Secretary  of(  Commerce  and)  Labor  may  authorize  the  con- 
tinuance of  the  allowance  of  salaries  for  the  additional  clerical  assistance 
herein  provided  for  and  employed  on  the  last  day  of  the  fiscal  year  until 
such  time  as  the  remittance  indicate  in  the  opinion  of  said  Secretary, 
that  the  fees  for  the  then  current  fiscal  year  will  not  be  suflficient  to 
allow  the  additional  clerical  assistance  authorized  by  this  Act. 

That  payment  for  the  additional  clerical  assistance  herein  authorized 
shall  be  in  the  manner  and  under  such  regulations  as  the  Secretary  of 
(Commerce  and)  Labor  may  prescribe.  (June  29,  1906,  c.  3592,  Sec.  13,  34 
Stat.  600,  amended,  June  25,  1910,  c.  401,  Sec  1,  36  Stat.  829.) 

Sec.  4372a.  Same — The  whole  amount  allowed  for  a  fiscal  year  to  the 
clerk  of  a  court  and  his  assistants  from  naturalization  fees  and  this  ap- 
propriation or  any  similar  appropriation  made  hereafter  shall  be  based  upon 
and  not  to  exceed  the  one-half  of  the  gross  receipts  of  said  clerk  from 
naturalization  fees  during  the  fiscal  year  immediately  preceding,  unless  the 
naturalization  business  of  the  clerk  of  any  court  durng  the  year  shall  be 
in  excess  of  the  naturalization  business  of  the  preceding  year,  in  which 
event  the  amount  allowed  may  be  increased  to  an  amount  equal  to  one- 
half  the  estimated  gross  receipts  of  the  said  clerk  from  naturalization 
fees  during  the  current  fiscal  year.  (June  12,  1917,  c.  27,  Sec.  1,  40  Stat. 
171.) 

Sec.  4373.  Records  of  court;  reference  to  in  certificate  record — The  de- 
clarations of  intention  and  the  petitions  for  naturalization  shall  be  bound  in 
chronological  order  in  separate  volumes,  indexed,  consecutively  numbered, 
and  made  part  of  the  records  of  the  court.  Each  certificate  of  naturalization 
issued  shall  bear  upon  its  face,  in  a  place  prepared  therefor,  the  volume 
number  and  page  number  of  the  petition  whereon  such  certificate  was  is- 
sued, and  the  volume  number  and  page  number  of  the  stub  of  such  cert- 
ficate.     (June  29,  1906,  c.  3592,  Sec.  14,  34  Stat.  601.) 

Sec.  4374.  Cancellation  of  certificates — It  shall  be  the  duty  of  the 
United  States  district  attorneys  for  the  respective  districts,  upon  affidavit 
showing  good  cause  therefor,  to  institute  proceedings  in  any  court  having 
jurisdiction  to  naturalize  aliens  in  the  judicial  district  in  which  the  natur- 
alized citizen  may  teside  at  the  time  of  bringing  the  suit,  for  the  purpose  of 
setting  aside  and  canceling  the  certificate  of  citizenship  on  the  ground 
of  fraud,   or   on    the  ground   that   such   certificate  of   citizenship  was   il- 


78  STATE  OF  NORTH  DAKOTA 

legally  procured.  In  any  such  proceedings  the  party  holding  the  certificate 
of  ^citizenship  alleged  to  have  been  fraudently  or  illegally  procured  shall 
have  sixty  days  personal  notice  in  which  to  make  answer  to  the  petition 
of  the  United  States,  and  if  the  holder  of  such  certificate  be  absent  from 
the  United  States  or  from  the  district  in  which  he  last  had  his  residence, 
such  notice  shall  be  given  by  publication  in  the  .manner  provided  for  the 
service  of  summons  by  publications  or  upon  absentees  by  the  laws  of  the 
State  or  the  place  where  such  suit  is  brought. 

If  any  alien  who  shall  have  procured  a  certificate  of  citizenship  under 
the  provisions  of  this  Act  shall,  within  five  years  after  the  issuance  ot 
such  certificate,  return  to  the  country  of  his  nativity,  or  go  to  any  other- 
foreign  country,  and  take  permanent  residence  therein,  it  shall  be  con- 
sidered prima  facie  evidence  of  a  lack  of  intention  on  the  part  of  such 
alien  to  become  a  permanent  citizen  of  the  United  States  at  the  time  of 
filing  his  application  for  citizenship,  and,  in  the  absence  of  countervailing 
evidence,  it  shall  be  sufficient  in  the  proper  proceeding  to  authorize  the 
cancellation  of  his  certificate  of  citizenship  as  fraudulent,  aHd  the  diplo- 
matic and  consular  oflBcers  of  the  United  States  in  foreign  countries  shall 
from  time  to  time,  through  the  Department  of  State,  furnish  the  Depart- 
ment of  Justice  with  the  names  of  those  within  their  respective  jurisdic- 
tions who  have  such  certificates  of  citizenship  and  who  have  taken  per- 
manent residence  in  the  couijitry  of  their  nativity,  or  in  any  other  foreign 
country,  and  such  statements,  duly  certified,  shall  be  admissible  in  evi- 
dence in  all  courts  in  proceedings  to  cancel  certificates  of  citizenship. 

Whenever  any  certificate  of  citizenship  shall  be  set  aside  or  cancelled, 
as  herein  provided,  the  court  in  which  such  judgment  or  decree  is  rendered 
shall  make  an  order  cancelling  such  certificate  of  citizenship  and  shall 
send  a  certified  copy  of  such  order  to  the  Buteau  of  (Immigration 
and)  Naturalization;  and  in  case  such  certificate  was  not  originally  issued 
by  the  court  making  such  order  it  shall  direct  the  clerk  of  court  to 
transmit  a  copy  of  such  order  and  judgment  to  the  court  out  of  which 
such  certificate  of  citizenship  shall  have  been  originally  issued.  And  it 
shall  thereupon  be  the  duty  of  the  clerk  of  the  court  receiving  such 
certified  copy  of  the  order  and  judgment  of  the  court  to  enter  the  same 
of  record  and  to  cancel  such  original  certificate  of  citizenship  upon  the 
records  and  to  notify  the  (Bureau  of  Immigration)  and  Naturalization 
of  such  cancellation. 

The  provisions  of  this  section  shall  apply  not  only  to  certificates  of 
citizenship  issued  under  the  provisions  of  this  Act,  but  to  all  certificates 
of  citizenship  which  may  have  been  issued  heretofore  by  any  court 
jBxercising  jurisdiction  in  naturalization  proceedings  under  prior  laws. 
"(June  29,  1906,  o.  3592,  Sec.  15,  34  Stat.  601). 

Sec.  4373.      Issuance  of  certificate  of  citizenship  contrary  to  law — It 

is  hereby  made  a  felony  for  any  clerk  or  other  person  to  issue  or  be  a 


i 


ELECTION  LAWS  OF  THE  UNITED  STATES  79 

party  to  the  issuance  of  a  certificate  of  citizenship  contrary  to  the  pro- 
visions of  this  Act,  except  upon  a  final  order  under  the  hnid  of  a  court 
having  jurisdiction  to  make  such  order,  and  upon  conviction  thereof  such 
clerk  or  other  person  shiU  be  punished  by  imprisonment  for  not  more 
than  five  years  and  by  a  fine  of  not  more  than  five  thousand  doll  irs,  in 
discretion  of  the  court.      (June  29,  1906,  c.  3592,  Sec.  18,  34.  Stat.  602.> 

Sec.  4376.  Embezzlement  of  moneys  received  for  naturalization  pro- 
ceedings— Any  clerk  or  other  oflicer  of  a  court  having  power  under  tlii^. 
Act  to  naturalize  aliens,  who  wilfully  neglects  to  render  true  accounts 
of  moneys  received  by  him  for  naturalization  proceedings  or  who  wil- 
fully neglects  to  pay  over  any  balance  of  such  mone;rs  due  to  the  I'liitpd 
States  within  thirty  days  after  said  payment  shall  become  due  and  de- 
mand therefore  has  been  made  and  refused,  shall  be  deemed  guilty  of 
embezzlement  of  the  public  moneys,  and  shall  be  punishable  by  im- 
prisonment for  not  more  than  five  years,  or  by  a  fine  of  not  more  than 
five  thousand  dollars,  or  both.  (.June  29.  1906,  c.  3592.  Sec.  20,  34  Stat. 
602.) 

Sec.  4377.  Demand  or  receipt  by  clerk  of  fees  or  moneys  other  than 
those  specified — It  shall  be  unlawful  for  any  clerk  of  any  court  or  his 
authorized  deputy  or  assistant  exercising  jurisdiction  in  naturalization 
proceedings,  or  to  demand,  charge,  collect,  or  receive  any  other  or  addf^ 
tional  fees  or  moneys  in  naturalization  proceedings  save  the  fees  au^ 
moneys  herein  specified ;  and  a  violation  of  any  of  the  provisions  of  this 
section  or  any  part  thereof  is  hereby  declared  to  be  a  misdemeanor  and 
shall  be  punished  by  imprisonment  for  not  more  than  two  years,  or  by 
a  fine  of  not  more  than  one  thousand  dollars,  or  by  both  such  fine  and  im- 
prisonment. (June  29,  1906.  c.  3.592,  Sec.  21,  34  Stat.  602.) 

Sec.  4378.  False  certifications  by  clerk — The  clerk  of  any  court  fxer- 
cising  jurisdiction  in  naturalization  proceedings,  or  any  person  acting 
under  authority  of  this  Act.  who  shall  knowingly  certify  tliat  a  petitioner. 
aflSant.  or  witness  named  in  an  affidavit,  petition  or  certificate  of  citizen- 
ship, or  other  paper  or  writing,  required  to  be  executed  under  the  pro- 
visions of  this  Act,  personally  appeared  before  him  and  was  sworn  tlierett), 
or  acknowledged  the  execution  thereof  or  signed  the  same,  when  In  fact 
such  petitioner,  afliant,  or  witness  did  not  personally  app<»a/  before  him. 
or  was  not  sworn  thereto,  or  did  not  execute  the  same,  or  did  not  acknow- 
ledge the  execution  thereof,  shall  be  punished  by  a  fiue  not  excoediiig  iive 
thousand  dollars,  or  by  imprisonment,  not  to  exceed  five  years.  (.Tune 
29.  1906,  c.  .3.592,  Sec.  22.    .34  Stat.  603.) 

Sec.  4379.  Procuring  naturalization  illegally;  aiding  unauthorized 
proceedings;  false  testimony — Any  person  who  knowingly  procures  natu- 
ralization in  violation  of  the  provisions  of  this  Act  shall  be  fined  not  more 
than    five   thousand   dollars,   or  shall    be   imprisoned   not   more   than    five 


STATE   OF  NORTH   DAKOTA 


years,  or  both,  and  upon  conviction  the  court  in  which  such  conviction 
is  had  shall  thereupon  adjudge  and  declare  the  final  order  admitting  such 
person  to  citizenship  void.  Jurisdiction  is  hereby  conferred  on  the  courts 
having  jurisdiction  of  the  trial  of  such  offense  to  make  such  adjudication. 
Any  person  who  knowingly  aids,  advises,  or  encourages  any  person  not 
entitled  thereto  to  apply  for  or  to  secure  naturalization,  or  to  file  the 
preliminary  papers  declaring  an  intent  to  become  a  citizen  of  the  United 
States,  or  who  in  any  naturalization  proceeding  knowingly  procures  or 
gives  false  testimony  as  to  any  material  fact,  or  who  knowingly  makes  an 
afladavit  false  as  to  any  material  fact  required  to  be  proved  in  such 
proceeding,  shall  be  fined  not  more  than  five  thousand  dollars,  or  im- 
prisoned not  more  than  five  years,  or  both.  (June  29,  1906,  c.  3592,  Sec. 
23,  34  Stat.  603.) 

Sec.  4380.  Limitation  of  prosecutions  for  crimes — No  person  shall  be 
prosecuted,  tried,  or  punished  for  any  crime  arising  under  the  provisions 
of  this  Act  unless  the  indictment  is  found  or  the  information  is  filed 
within  five  years  next  after  the  commission  of  such  crime.  (June  29, 
1906,  c.  3592,  Sec.  24,  34  Stat.  603.) 

Sec.  4381.  Repeal — ^Sections  twenty-one  hundred  and  sixty-five, 
twenty-one  hundred  and  sixty-seven,  twenty-one  hundred  and  sixty-eight, 
twenty-one  hundred  and  seventy-three,  of  the  Revised  Statutes  of  the 
United  States  of  America,  and  section  thirty-nine  of  chapter  one  thousand 
and  twelve  of  the  Statutes  at  Large  of  the  United  States  of  America  for 
the  year  nineteen  hundred  and  three,  and  all  acts  or  parts  of  Acts  in- 
consistent with  or  repugnant  to  the  provisions  of  this  Act  are  hereby 
repealed.     (June  29,  1906.   c.  3592,  Sec.  26,  34  Stat.  603.) 

Sec.  4382.  Forms — Substantially  the  following  forms  shall  be  used  in 
the  proceedings  to  which  they  relate : 

Declaration  of  Intention. 

(Invalid  for  all  purposes  seven  years  after  the  date  hereof.) 

,  ss. : 

I,  ,  aged  years,  occcupation 

,  do  declare  on  oath  (affirm)  that  my  personal  descrip- 
tion is  :  Color ..,  complexion ,  height , 

weight ,  color  of  hair ,  color  of  eyes , 

other  visible  distinctive  marks ;  I  was  born  in , 

on  the  day  of  ,  Anno  Domini ;  I  now 

reside  at ;  I  emigrated  to  the  United  States  of 

America  from on  the  vessel ;  my 

last  foreign  residence  was  , It  is  my  bona  fide 

intention   to  renounce  forever  all   allegiance  and   fidelity   to   any  foreign 

prince,  potentate,  state,  or  sovereignty,  and  particularly  to — , 

of   which    I    am   now   a    citizen    (subject)  ;    I    arrived    at    the    (port)    of 


ELECTION  LAWS  OF  THE  UNITED  STATES 


,  in  the  State  (Territory  or  the  District  of  Colum- 
bia)  of on  or  about  the day  of , 

Anno  Domini ;  I  am  not  an  anarchist ;  I  am  not  a  polygamist 

nor  a  believer  in  the  practice  of  polygamy ;  and  it  is  my  intention  in  good 
faith  to  become  a  citizen  of  the  United  States  of  America  and  to  per- 
manently reside  therein.    So  help  me  God. 

(Original  signature  of  declarant) 

Subscribed  and  sworn  to  (aflarmed)  before  me  this day  of 

,  Anno  Domini 

( L.   S. )  

(Oflacial  character  of  attestor.) 


Petition  for  Naturalization. 

Court  of 


In  the  matter  of  the  petition  of to  be  admitted  as 

a  citizen  of  the  United  States  of  America. 
To  the Court : 

The  petition  of respectfully  shows : 

First:     My  full  name  is  

Second:    My  place  of  residence  is  number street,  city 

of ,  State  (Territory  or  the  District  of 

Columbia)  of 

Third  :     My  occupation  is 

Fourth  :     I  was  born  on  the day  of 

at 

Fifth:     I  emigrated  to  the  United  States  from ,  on 

or  about  the day  of ,  anno  Domini , 

and  arrived  at  the  port  of ,  in  the  United  States, 

on  the  vessel 

Sixth:     I  declared  my  intention  to  become  a  citizen  of  the  United 

States  on  the..... day  of at ,  in 

the court  of 

Seventh:     I  am married.     My  wife's  name  is 

She  was  born  in and  now  resides 

at I  have children,  and  the  name,  date, 

and  place  of  birth  and  place  of  residence  of  each  of  said  children  is  as 
follows: 


Eighth :  I  am  not  a  disbeliever  in  or  opposed  to  organized  government 
or  a  member  of  or  affiliated  with  any  organization  or  body  of  persons 
teaching  disbelief  in  organized  government.  I  am  not  a  polygamist  nor  a 
believer  in  the  practice  of  polygamy.  I  am  attached  to  the  principles  of 
the  Constitution  of  the  United  States,  and  it  is  my  intention  to  become  a 


82  STATE  OF  NORTH  DAKOTA 

citizen  of  the  United  States  and  to  renounce  absolutely  and  forever  all 
allegiance  and  fidelity  to  any  foreign  prince,  potentate,  state,  or  sover- 
eignty, and  particularly  to ,  of  which  at  this  time 

I  am  a  citizen  (or  subject),  and  it  is  my  intention  to  reside  permanently 
in  the  United  States. 

Ninth:     I  am  able  to  speak  the  English  language. 

Tenth :  I  have  resided  continuously  in  the  United  States  of  America 
for  a  term  of  five  years  at  least  immediately  preceding  the  date  of  this 

petition,  to  wit,  since   anno  Domini ,  and  in  the  State 

(District  or  the  District  of  Columbia)   of for  one  year  at  least 

next  preceding  the  date  of  this  petition,  to  wit,  since day 

of anno  Domini, 

Eleventh :     I  have  not  heretofore  made  petition  for  citizenship  to  any 

court.      (I  made  petition  for  citizenship  to  the court  of 

at ,  and  the  said  petition  was  de- 
nied  by   the   said    court    for    the    following    reasons    and    causes,    to-wit: 

,  and  the  cause  of 

such  denial  has  since  been  cured  or  removed.) 

Attached  hereto  and  made  a  part  of  this  petition  are  my  declaration 
of  intention  to  become  a  citizen  of  the  United  States  and  the  certificate 
from  the  Department  of  (Commerce  and)  Labor  required  by  law.  Where- 
fore your  petitioner  prays  that  he  may  be  admitted  a  citizen  of  the  United 
States  of  America. 

Dated:.-.. 

( Signature   of  petitioner) 

,  ss. : 

,  being  duly  sworn,  deposes  and  says  that 

he  is  the  petitioner  in  the  above-entitled  proceeding ;  that  he  has  read  the 
foregoing  petition  and  knows  the  contents  thereof ;  that  the  same  is  true  of 
its  own  knowledge,  except  as  to  matters  therein  stated  to  be  alleged  upon 
information  and  belief,  and  that  as  to  those  matters  he  believes  it  to  be 
true. 

Subscribed  and  sworn  to  before  me  this day  of , 

anno  Domini 

(L.  S.)  

Clerk  of  the Court. 

Affidavit  of  Witnesses. 


Court  of  

In  the  matter  of  the  petition  of to  be  ad- 
mitted a  citizen  of  the  United  States  of  America. 


.,  occupation,  ,  residing  at 


ELECTION  LAWS  OF  THE  UNITED  STATES  83 

,  and  - ,  occupation,  residing 

at— ,  each  being  severally,  duly,  and  respectively 

sworn,  deposes  and  says  that  he  is  a  citizen  of  the  United  States  of  Amer- 
ica ;  that  he  has  personally  known ,  the 

petitioner  above  mentioned,  to  be  a  resident  of  the  United  States  for  a 
period  of  at  least  five  years  continuously  immediately  preceding  the  date 
of  filing  his  petition,  and  of  the  State  (Territory  or  the  District  of  Co- 
lumbia) in  which  the  above-entitled  application  is  made  for  a  period  of 
years  immediately  preceding  the  date  of  filing  his  peti- 
tion; and  that  he  has  personal  knowledge  that  the  said  petitioner  is  a 
person  of  good  moral  character,  attached  to  the  principles  of  the  Consti- 
tution of  the  United  States,  and  that  he  is  in  every  way  qualified,  in  his 
opinion,  to  be  admitted  as  a  citizen  of  the  United  States. 


Subscribed  and  sworn  to  before  me  this day  of. 

nineteen  hundred  and 

(L.  S.) 


(OflBcial  character  of  attestor.) 
Certificate  of  Naturalization. 


Number 

Petition,  volume ,  page 

Stub,  volume ,  page 

( Signature  of  holder) 

Description  of  holder :     Age, ;  height, :  color. 

— ;  complexion, ;  color  of  eyes, ;  color 

of  hair, ;  visible  distinguishing  marks, Name. 

age,  and  place  of  residence  of  wife, ,  ,  

Names,  ages,  and  place  of  residence  of  minor  children,   , 


Be  it  remembered,  that  at  a term  of  the 

court  of ,  held  at on  the 

day  of ,  in  the  year  of  our  Lord  nineteen  hundred  and 

,  ,  who  previous  to  his  (her) 

naturalization  was  a  citizen  or  subject  of ,  at  present 

residing  at  number ,   street city 

(town)  State  (Territory  or  the  District  of  Columbia), 

having  appled  to  be  admitted  a  citizen  of  the  United  States  of  America 
pursuant  to  law,  and  the  court  having  found  that  the  petitioner  had  re- 
sided continuously  within  the  United  States  for  at  least  five  years  and  in 
this  State  for  one  year  immediately  preceding  the  date  of  the  hearing  of 


«4  STATE   OF  NORTH  DAKOTA 

bis  (her)  petition,  and  that  said  petitioner  intends  to  reside  permanently 
in  the  United  States,  had  in  all  respects  complied  with  the  law  in  relation 

thereto,  and  that he  was  entitled  to  be  so  admitted,  it  was  thereupon 

ordered  by  the  said  court  that  he  be  admitted  as  a   citizen  of  the 

United  States  of  America. 

In  testimony  whereof  the  seal  of  said  court  is  hereunto  affixed  on  the 
day  of ,  in  the  year  of  our  Lord  nineteen  hun- 
dred and - ,  and  of  our  independence  the 

(L.  S.) 


(Official  character  of  attestor.) 
Stub  of  Certificate  of  Naturalization.) 


No.  of  certificate, 

Name, ;  age, 

Declaration  of  intention,  volume ,  page. 

Petition,  volume. ,  page 

Name,  age,  and  place  of  residence  of  wife,  


Names,  ages,  and  places  of  residence  of  minor  children,  , 


Date  of  order,  volume ,  page. 

(Signature  of  holder)  


(June  29,  1906,  c.  3592,  Sec.  27.  34  Stat.  603,  amended,  May  9,  1918, 
c.  69,  Sec.  3,  40  Stat.) 

Sec.  4383.  Regulations  for  execution  of  law;  certified  copies  of  papers 
as  evidence — The  Secretary  of  (Commerce  and)  Labor  shall  have  power 
to  make  such  rules  and  regulations  as  may  be  necessary  for  proi)erly  car- 
rying into  execution  the  various  provisions  of  this  Act.  Certified  copies  of 
all  papers,  documents,  certificates,  and  records  required  to  be  used,  filed, 
recorded,  or  kept  under  any  and  all  of  the  provisions  of  this  Act  shall  be 
admitted  in  evidence  equally  with  the  originals  in  any  and  all  proceedings 
under  this  Act  and  in  all  cases  in  which  the  originals  thereof  might  be 
admissible  as  evidence.     (June  29,  1906,  c.  3592,  Sec.  28,  34  Stat.  606.) 

Sec.  4384.  Certificates  failing  to  show  compliance  with  requirements 
of  law  validated — Naturalization  certificates  issued  after  the  Act  approved 
March  third,  nineteen  hundred  and  three,  entitled  "An  Act  to  regulate  the 
immigration  of  aliens  into  the  United  States,"  went  into  effect,  which  fail 
to  show  that  the  courts  issuing  said  certificates  complied  with  the  require- 
ments of  section  thirty-nine,  of  said  Act,  but  which  were  otherwise  law- 


ELECTION  LAWS  OF  THE  UNITED  STATES  8S 

fully  issued,  are  hereby  declared  to  be  as  valid  as  though  said  certificates 
complied  with  said  section ;  Provided,  That  in  all  such  cases  applications 
shall  be  made  for  new  naturalization  certificates,  and  when  the  same  are 
granted,  upon  compliance  with  the  provisions  of  said  Act  of  nineteen  hun- 
dred and  three,  they  shall  relate  back  to  the  defective  certificates,  and 
citizenship  shall  be  deemed  to  have  been  perfected  at  the  date  of  the  de- 
fective certificate.     (June  29,  1906,  c.  3624,  Sec.  1,  34  Stat.  630.) 

See.  2044b 

(Provided  further,  That  a  citizen  or  subject  of  a  country  neutral 

in  the  present  war  who  has  declared  his  intention  to  become  a  citizen  of 
the  United  States  shall  be  relieved  from  liability  to  military  service  upon 
his  making  a  declaration,  in  accordance  with  such  regulations  as  the  Pres- 
ident may  prescribe,  withdrawing  his  intention  to  become  a  citizen  of  the 
United  States,  which  shall  operate  and  be  held  to  cancel  his  declaration  of 
intention  to  become  an  American  citizen,  and  he  shall  forever  be  debarred" 
from  becoming  a  citizen  of  the  United  States.  (May  18,  1917,  c.  15,  Sec.  2, 
40  Stat.,  amended  July  9,  1918,  c.  143,  subchapter  XII.  Sec.  4,  40  Stat.,  and 
Aug.  31,  1918,  c.  166  Sec.  1,  40  Stat.) 

Sec.  10242.  (Crim.  Code.  Sec.  74)  Forging  certificates  of  citizen- 
ship— Whoever  shall  falsely  make,  forge,  or  counterfeit,  or  cause  or  pro- 
cure to  be  falsely  made,  forged,  or  counterfeited,  or  shall  knowingly  aid 
or  assist  in  falsely  making,  forging,  or  counterfeiting  any  certificate  of 
citizenship,  with  intent  to  use  the  same,  or  with  the  intent  that  the  same 
may  be  used  by  some  other  person,  shall  be  fined  not  more  than  ten  thou- 
sand dollars,  or  imprisoned  not  more  than  ten  years,  or  both.  (June  29, 
1906,  c.  3592,  Sec.  16,  34  Stat.  602.  March  4,  1909,  c.  321.  Sec.  74.  35 
Stat.  1102.) 

Sec.  10243.  (Crim.  Code.  Sec.  75)  Engraving  counterfeit  plates  for 
eitizen^ip  certificates;  printing;  distinctive  paper — Whoever  shall  engrave, 
or  cause  or  procure  to  be  engraved,  or  assist  in  engraving,  any  plate  in  the 
likeness  of  any  plate  designed  for  the  printing  of  a  certificate  of  citizen- 
ship; or  whoever  shall  sell  any  such  plate,  or  shall  bring  into  the  United 
States  from  any  foreign  place  any  such  plate,  except  under  the  direction 
of  the  Secretary  of  Commerce  and  Labor  or  other  proper  oflicer ;  or  who- 
ever shall  have  in  his  control,  custody,  or  possession  any  metallic  plate 
engraved  after  the  similitude  of  any  plate  from  which  any  such  certificate 
has  been  printed,  with  intent  to  use  or  to  suffer  such  plate  to  be  use<l  in 
forging  or  counterfeiting  any  such  certificate  or  any  part  thereof :  or  who- 
ever shall  print,  photograph,  or  in  any  manner  cause  to  be  printed,  photo- 
graphed, made,  or  executed,  any  print  or  impression  in  the  likeness  of  any 
such  certificate,  or  any  part  thereof;  or  whoever  shall  sell  any  such  certi- 
ficate, or  shall  bring  the  same  into  the  United  States  from  any  foreign 
place,  except  by  direction  of  some  proper  officer  of  the  United  States;  or 
whoever  shall  have  in  his  possession  a  distinctive  paper  which  has  been 


86  STATE  OF  NORTH  DAKOTA 


adopted  by  the  proper  oflScer  of  the  United  States  for  the  printing  of  such 
certificate,  with  intent  unlawfully  to  use  the  same,  shall  be  fined  not  more 
than  ten  thousand  dollars,  or  imprisoned  not  more  than  ten  years,  or  both, 
(June  29,  1906,  c.  3592,  Sec.  17,  34  Stat.  602.  March  4,  1909,  c.  321,  Sec. 
75,  35  Stat.  J102.) 

Sec.  10244.  (Crim.  Code.  Sec.  76)  False  personation  in  procuring 
naturalization — Whoever,  when  applying  to  be  admitted  a  citizen,  or  when 
appearing  as  a  witness  for  any  such  person,  shall  knowingly  personate  any 
person  other  than  himself,  or  shall  falsely  appear  in  the  name  of  a  de- 
ceased person,  or  in  an  assumed  or  fictitious  name ;  or  whoever  shall  falsely 
make,  forge,  or  counterfeit  any  oath,  notice,  affidavit,  certificate,  order, 
record,  signature,  or  other  instrument,  paper  or  proceeding  required  or 
authorized  by  any  law  relating  to  or  providing  for  the  naturalization  of 
aliens ;  or  whoever  shall  utter,  sell,  dispose  of,  or  shall  use  as  true  or 
genuine,  for  any  unlawful  purpose,  any  false,  forged,  antedated,  or  counter- 
feit oath,  notice,  certificate,  order,  record,  signature,  instrument,  paper, 
or  proceedings  above  specified ;  or  whoever  shall  sell  or  dispose  of  to  any 
person  other  than  the  person  foi*  whom  it  was  originally  issued  any  cer- 
tificate of  citizenship  or  certificate  showing  any  person  to  be  admitted  a 
citizen,  shall  be  fined  not  more  than  one  thousand  dollars,  or  imprisoned 
not  more  than  five  years,  or  both.  (R.  S.  Sec.  5424,  March  4,  1909,  c.  321, 
Sec.  76,  35  Stat.  1102.) 

Sec.  10245.  (Crim.  Code,  Sec.  77.)  Using  false  certificate  of  citizen- 
ship; citizenship  blanks;  denying  citizenship — Whoever  shall  use  or  at- 
tempt to  use,  or  shall  aid,  assist,  or  participate  in  the  use  of  any  certificate 
of  citizenship,  knowing  the  same  to  be  forged,  counterfeit,  or  antedated,  or 
knowing  the  same  to  have  been  procured  by  fraud  or  otherwise  unlawfully 
obtained ;  or  whoever,  without  lawful  excuse,  shall  knowingly  possess  any 
false,  forged,  antedated,  or  counterfeit  certificate  of  citizenship  purporting 
to  have  been  issued  under  any  law  of  the  United  States  relating  to  natur- 
alization, knowing  such  certificate  to  be  false,  forged,  antedated,  or  counter- 
feited, with  the  intent  unlawfully  to  use  the  same ;  or  whoever  shall  ob- 
tain, accept,  or  receive  any  certificate  of  citizenship,  knowing  the  same 
to  have  been  procured  by  fraud  or  by  the  use  or  means  of  any  false  name 
or  statement  given  or  made  with  the  intent  to  procure,  or  to  aid  in  pro- 
curing, the  issuance  of  such  certificate,  or  knowing  the  same  to  have  been 
fraudently  altered  or  antedated;  or  whoever,  without  lawful  excuse,  shall 
have  in  his  possession  any  blank  certificate  of  citizenship  provided  by  the 
Bureau  of  Immigration  and  Naturalization  with  the  intent  unlawfully  to 
use  the  same ;  or  whoever,  after  having  been  admitted  to  be  a  citizen,  shall, 
on  oath  or  by  afiidavit,  knowingly  deny  that  he  has  been  so  admitted, 
with  the  intent  to  evade  or  avoid  any  duty  or  liability  imposed  or  re- 
quired by  law,  shall  be  fined  not  more  than  one  thousand  dollars,  or  im- 
prisoned not  more  than  five  years,  or  both.     (R.  S.  Sec.  5424.  June  29,  1906, 


ELECTION  LAWS  OF  THE  UNITED  STATES  87 

c.  3592,  Sec.  10,  34  Stat.  G02,  March  4^1909?  c.'Wl,  Sec.'  77,  35  Stat.  1102.) 

Sec.  10246.  (Crim.  Code,  Sec.  78.)  Attempting  to  vote  on  false  certi- 
ficate— Whoever  shall  in  any  manner  use,  for  the  purpose  of  registering 
as  a  voter,  o  ras  evidence  of  a  right  to  vote,  or  otherwise  unlawfully,  any 
order,  certificate  of  citizenship,  or  certificate,  judgment,  or  exemplification, 
showing  any  person  to  be  admitted  to  be  a  citizen,  whether  heretofore  or 
hereafter  issued  or  made,  knowing  that  such  order,  certificate,  judgment, 
or  exemplification  has  been  unlawfully  issued  or  made;  or  whoever  shall 
unlawfully  use,  or  attempt  to  use,  any  such  darder  or  certificate,  issued  to 
or  in  the  name  of  any  other  person,  or  in  a  fictitious  name,  or  the  name 
of  a  deceased  person,  shall  be  fined  not  more  than  one  thousand  dollars, 
or  imprisoned  not  more  than  five  years,  or  both.  (R.  S.  Sec.  5426,  March 
4,  1909,  c.  321,  Sec.  78,  35  Stat.  1103.) 

Sec.  10247.     (Crim.  Code,   Sec.   79.)      Falsely   claiming  citizenship— > 

Whoever  shall  knowingly  use  any  certificate  of  naturalization  heretofore  or 
which  hereafter  may  be  granted  by  any  court,  which  has  been  or  may  be 
procured  through  fraud,  or  by  false  evidence,  or  which  has  been  or  may 
hereafter  be  issued  by  the  clerk  or  any  other  oflScer  of  the  court  without 
any  appearance  and  hearing  of  the  applicant  in  court  and  without  lawful 
authority ;  or  whoever,  for  any  fraudulent  purpose  whatever,  shall  falsely 
represent  himself  to  be  a  citizen  of  the  United  States  without  having  been 
duly  admitted  to  citizenship,  shall  be  fined  not  more  than  one  thousand 
dollars,  or  imprisoned  not  more  than  two  years,  or  both.  (R.  S.  Sec.  5428, 
March  4,  1909,  c.  321,  Sec.  79,  35  Stat.  1103.) 

Sec.  10248.  (Crim.  Code,  Sec.  80.)  Falsely  swearing  in  naturaliza- 
tion cases — Whoever,  in  any  proceeding  under  or  by  virtue  of  any  law  re- 
lating to  the  naturalization  of  aliens,  shall  knowingly  swear  falsely  in  any 
case  where  an  oath  is  made  or  aflidavit  taken,  shall  be  fined  not  more  than 
one  thousand  dollars  and  imprisoned  not  more  than  five  years.  (R.  S. 
Sec.  5395,  March  4,  1909,  c.  321,  Sec.  80,  35  Stat.  1103.) 

Sec.  10249.  (Crim.  Code,  Sec.  81.)  Provisions  applicable  to  all  courts 
of  naturalization — The  provisions  of  the  five  sections  last  preceding  shall 
apply  to  all  proceedings  had  or  taken,  or  attempted  to  be  had  or  taken,  be- 
fore any  court  in  which  any  proceeding  for  naturalization  may  be  com- 
menced or  attempted  to  be  commenced,  and  whether  such  court  was  vested 
by  law  with  jurisdiction  in  naturalization  proceedings  or  not.  (R.  S.  Sec. 
5429.    March  4,  1909,  c.  321,  Sec.  81,  35  Stat.  1103.) 

Sec.  10251.  (Crim.  Code,  Sec.  83.)  Coi*porations  contributing  for 
political  elections — It  shall  be  unlawful  for  any  national  bank,  or  any  cor- 
poration organized  by  authority  of  any  law  of  Congress,  to  make  a  money 
contribution  in  connection  with  any  election  to  any  political  oflSce.  It 
shall  also  be  unlawful  for  any  corporation  whatever  to  make  a  money 
contribution  in  connection  with  any  election  at  which  Presidential  or  Vice- 


STATE   OF  NORTH   DAKOTA 


Presidential  electors  or  a  Representative  in  Congress  is  to  be  voted  for,  or 
any  election  by  any  State  legislature  of  a  United  States  Senator.  Every 
corporation  which  shall  make  any  contribution  in  violation  of  the  fore- 
going provisions  shall  be  fined  not  more  than  five  thousand  dollars ;  and 
every  oflficer  or  director  of  any  corporation  who  shall  consent  to  any  con- 
tribution by  the  corporation  in  violation  of  the  foregoing  provisions  shall 
be  fined  not  more  than  one  thousand  dollars,  or  imprisoned  not  more  than 
one  year,  or  both.  (Jan.  26,  1907,  c.  420,  34  Stat.  864.  March  4,  1909, 
c.  321,  Sec.  83,  35  Stat.  1103.) 

Sec.  10251a.  Bribery  of  voters  at  elections  for  Senators  or  Represen- 
tatives— Whoever  shall  promise,  offer,  or  give,  or  cause  to  be  promised, 
offered,  or  given,  any  money  or  other  thing  of  value,  or  shall  make  or  tender 
any  contract,  undertaking,  obligation,  gratuity,  or  security  for  the  payment 
of  money  or  for  the  delivery  or  conveyance  of  anything  of  value  to  any 
person,  either  to  vote  or  withhold  his  vote  or  to  vote  for  or  against  any 
candidate,  or  whoever  solicits,  accepts,  or  receives  any  money,  or  other 
thing  of  value  in  consideration  of  his  vote  for  or  against  any  candidate 
for  Senator  or  Representative  or  Delegate  in  Congress  at  any  primary  or 
general  or  special  election,  shall  be  fined  not  more  than  $1,000,  or  im- 
prisoned not  more  than  one  year,  or  both.     (Oct.  16,  1918,  c.  187,  40  Stat.) 


ELECTION    LAWS   OF    NORTH    DAKOTA  89 


ELECTION  LAWS 


9 

%  12.  WHO  ARE  THE  PEOPLE.  The  people,  as  a  political  hoajr 
consist: 

1.  Of  citizens  who  are  electors. 

2.  Of  citizens  not  electors.     (R.  C.  1905,  §  10;  R.  C.  1895,  |  10.) 

§  13.     WHO  ARE  CITIZENS.     The  citizens  of  the  state  are: 

1.  All  persons  born  in  this  state  and  residing  within  it,  except  the 
children  of  transient  aliens  and  of  alien  public  ministers  and  cons-uls ; 

2.  All  persons  born  out  of  this  state  and  who  are  citizens  of  the 
United  States  and  residing  within  this  state.  (R.  C.  1905,  §  11 ;  R.  C. 
1895,  §  11.) 

Domicil  of  consul.     45  L.  R.  A.  587. 

As  to  similar  provision  in  Cal.  Pol.  Code,  par.  51,  see  People  v.  Washiacrtoii, 
36  CaL  658;  Lyons  v.  Cunningham,  66  Cal.  42,  4  Pac.  938. 

§  14.  RESIDENCE,  RULES  FOR  DETERMINING.  Every  person 
has  in  law  a  residence.  In  determining  the  place  of  residence  tiie  foUow- 
iag  rules  are  to  be  observed : 

1.  It  is  the  place  where  one  remains  when  not  called  elsewhere  for 
labor  or  other  special  or  temporary  puriwse,  and  to  which  he  returuB  in 
seasons  of  repose ; 

2.  There  can  be  only  one  residence : 

3.  A  residence  cannot  be  lost  until  another  is  gained. 

4.  The  residence  of  the  father  during  his  life,  and  after  his  death 
the  residence  of  the  mother,  while  she  remains  unmarried,  is  the  residence 
of  the  unmarried  minor  children. 

5.  The  residence  of  the  husband  is  presumptively  the  residence  of 
the  wife ; 

6.  The  residence  of  an  unmarried  minor  who  has  a  parent  living  can- 
not be  changed  by  either  his  own  act  or  that  of  his  guardian; 

7.  The  residence  can  be  changed  only  by  the  union  of  act  and  intent. 
(R.  C.  1905.  §  12;  R.  C.  1895,  §  12.) 

The  place  of  one's  residence  for  the  purpose  of  voting  is  where  he  has  his 
established  home,  the  place  where  he  is  habitually  present,  and  to  which  when 
he  departs  he  intends  to  return,  and  must  be  determined  from  all  the  facts  and 


90  STATE   OF  NORTH   DAKOTA 


circumstances,  and  the  intentions  must  be  accompanied  by  acts  in  harmony 
therewith.     Nelson  v.   Gass,  27  N.  D.  357,  146  N.  W.   537. 

See  20  C.  J.,  page  68,  9  R.  C.  L.  1030. 

See  Gardner  v.  Bd.  of  Education,  5  Dak.  259;  38  N.  W.  433. 

Domicil  or  residence  when  boundary  Hne  runs  through  dwelling.  10  L.  R.  A. 
(N.  S.)  874. 

1.     Domicil,  definitions  of,  and  how  ascertained.     59  Am.  Dec.  111. 

As  to  similar  provision  in  Cal.  Pol.  Code,  par.  52,  subd.  1,  see  Hanson  v. 
Graham,  82  Cal.  631,  7  L.  R.  A.  127,  23  Pac.  56;  Re  Weed,  120  Cal.  634,  S3 
Pac.  30. 

3.  Gaining  new  domicil  or  residence  before  abandoning  occupation  of  old 
residence,  by  purchasing  or  hiring  property  in  new  locality  with  intention  of 
establishing  permanent  residence  there.     33  L.   R.  A.   (N.   S.)  766. 

When  does  nonresidence  of  person  intending  to  leave  permanently  begin  for 
purpose  of  attachment  or  exemption.     1  L,  R.  A.   (N.  S.)  778. 

Is  a  domicil  lost  by  abandonment  without  intention  of  returning,  before 
acquiring  a  new  one.     40  L.  R.  A.   (N.  S.)  986. 

As  to  similar  provision  in  Cal.  Pol.  Code,  par.  52,  subd.  3,  see  Huston  v. 
Anderson,  145  Cal.  320,  78  Pac.  626. 

4.  Domicil  of  minors.     89  Am.  St.  Rep.  278. 

Agreement  by  parent  as  to  domicil  of  child.     27  L.  R.  A.  61. 
As  to  similar  provision  in  Cal.  Pol.  Code,  par.  52,  subd.  4,  see  Re  Vance,  92 
Cal.  195,  28  Pac.  229;  Luck  v.  Luck,  92  Cal.  653,  28  Pac.  787. 

5.  Domicil  of  married  women.     84  Am.  St.  Rep.  27;  85  Am.  St.  Rep.  559. 
As   to   similar  provision   in   Cal.    Pol.    Code,   par.    52,    subd.    5,    see   Moflfatt   v, 

MoflFatt,  5  Cal.  280;  Dow  v.  Gould  &  C.  Silver  Min.  Co.,  31  Cal.  629;  First  Nat. 
Bank  v.  Bruce,  94  Cal.  IT,  29  Pac.  488. 

7.     Loss  or  change  of  domicil.     32  Am.   Dec.  427,  48  Am.   St.   Rep.   711. 

Change  of  domicil  as  affected  by  removal  for  benefit  of  health.  9  L.  R.  A. 
<N.   S.)   1159. 

Going  to  another  state,  county,  or  district  to  teach  school  or  preach,  as 
affecting  a  change  of  domicil  or  residence.     22  L.  R.  A.   (N.  S.)  996. 

As  to  similar  provision  in  Cal.  Pol.  Code,  par.  52,  subd.  7,  see  People  v. 
Peralta,  4  Cal.  175;  Dow  v.  Gould  &  C.  Silver  Min.  Co.,  31  Cal.  629;  Re  Donovan, 
104  Cal.  623,  38  Pac.  456;  Re  Weed,  120  Cal.  634,  53  Pac.  30;  De  Tolna  v.  De 
Tolna,  135  Cal.  575,  67  Pac.  1045;  Huston  v.  Anderson,  145  Cal.  320,  78  Pac.  626; 
Sheehan  v.  Scott,  145  Cal.  684,  79  Pac.  350. 

§  19.  ELIGIBILITY  TO  OFFICE.  Every  elector  is  eligible  to  the 
oflSce  for  which  he  is  an  elector,  except  ^Yhell  otherwise  specially  pro- 
vided; and  no  person  is  eligible  who  i^not  sncli  an  elector.  (II.  C.  1905, 
%  17;  R.  C.  1895,  §  17.) 

Chairman  of  a  state  central  committee  is  not  a  public  officer.  State  v.  Mc- 
Lean, 35  N.  D.  203,  159  N.  W.  847. 

Relates  only  to  public  offices  and  does  not  include  officers  who  are  merely 
political  emissaries  chosen  to  convey  the  sentiment  of  the  electors  of  their  party 
to  a  national  convention.     State  v.  Hall,   N.  D ,  176  N.  W.  920. 

See  Englund  v.  Townley N.  D ,  174  N.  W.  755. 

Party  officers  not  public  officers,  9  R.  C.  L.  1089  citing  Upsilton  v.  Bramble, 
117  Md.  10,  82  Atl.  661,  Ann.  Cas.  1913  E.  743. 

See  Opinions  of  the  Attorney  General  Nos.  12,  13  and  16. 

Right,  to  hold  office  as  a  privilege  of  immunity  of  a  citizen  of  the  United 
States,  14  L.  R.  A.  580. 

As  to  similar  provision  in  Cal.  Pol.  Code,  par.  58,  see  Walther  v.  Rabolt,  30 
Cal.  185. 

8  20.  RIGHTS  AND  DUTIES  OFCITIZENS  NOT  ELECTORS.  An 
elector  has  no  rights  or  duties  beyond  those  of  a  citizen  not  an  elector, 


ELECTION   LAWS   OF   NORTH    DAKOTA  91 

except  the  right  and  duty  of  holding  and  electing  to  office.     (R.  C.  1905, 
5  18;  R.  C.  1895,  §  18.) 

As  to  similar  provision  in  Cal.  Pol.  Code,  par,  59,  see  People  v.  Washing- 
ton, 36  Cal.  658. 

CONGRESSIONAL  DISTRICTS. 

§  22.  STATE  DIVIDED  INTO  THREE  DISTRICTS.  The  state  of 
North  Dakota  is  hereby  divided  into  three  congressional  districts,  each  of 
which  is  entitled  to  elect  one  representative  to  the  congress  of  the  United 
States.     (1911,  ch.  100,  §  1.) 

§  23.  FIRST  DISTRICT  DEFINED.  The  counties  of  Pembina,  Cava- 
lier, Towner,  Ramsey,  Walsh,  Nelson,  Grand  Forks,  Steele,  Traill,  Cass, 
Ransom,  Sargent  and  Richland  shall  constitute  the  first  congressional  dis- 
trict.    (1911,  ch.  100,  §  2.) 

§  24.  SECOND  DISTRICT  DEFINED.  The  counties  of  Bottineau, 
Rolette,  McHenry,  Pierce,  Benson,  Sheridan,  Wells,  Eddy,  Foster,  Griggs, 
Stutsman,  Barnes,  Kidder,  Burleigh,  Emmons,  Logan,  Mcintosh,  LaMoure 
and  Dickey  shall  constitute  the  second  congressional  district.  (1911,  ch. 
100,  §  3.) 

§  25.  THIRD  DISTRICT  DEFINED.  The  counties  of  Divide,  Burke, 
Renville.  Ward,  Mountrail.  Williams,  McKenzie,  McLean,  Dunn,  Mercer, 
Oliver,  Billings,  Stark,  Morton,  Hettinger,  Bowman  and  Adams  shall  con- 
stitute the  third  congressional  district.     (1911,  ch.  100,  §  4.) 

Congressional  Judicial  Legislative 

County  District  District  District 

Adams    3  6  49 

Barnes    2  1  15.  38 

{Benson    2  2  20 

Billings    3  6  39 

Bottineau     2  2  28 

Bowman     3  6  39 

Burke   3                 -     5  40 

Burleigh  2  4  27 

Cass   1  1  9,  10,  11 

Cavalier    1  2  18 

Dickey    2  3  25 

Divide    3  5  40 

Dunn    3  6  48 

Eddy    2  4  32 

Emmons    2  3  26 

Foster    2  4  32 

Golden  Valley    3  6  39 

Grand  Forks 1  1  5,    6,     7 

Grant    3  6  47 

Griggs    2  1  16 

Hettinger    3  6  49 

Kidder    2  4  26 

LaMoure    2  3  24 


92  STATE  OF  NORTH  DAKOTA 


Logan    2 

McHenry     2 

Mcintosh    2 

McKenzie    3 

McLean   3 

Mercer    3 

Morton    3 

Mountrail    3 

Nelson    1 

Oliver 3 

Pembina    1 

Pierce     2 

Ramsey    1 

Ransom    1 

Renville   3 

Richland 1 

Rolette 2 

Sargent 1 

Sheridan    2 

Sioux    3 

Slope    3 

Stark    3 

Steele    1 

Stutsman    2 

Towner    1 

Traill    1 

Walsh    1 

Ward     3 

Wells    2 

Williams 3 

THE  LEGISLATIVE  ASSEMBLY. 

§  '53.  CONTESTED  SEATS.  EACH  HOUSE  SOLE  JUDGE  OF 
MEMBER'S  QUALIFICATIONS.  In  case  the  right  of  any  person  to  a 
seat  in  either  house  of  the  legislative  assembly  shall  be  contested,  the 
right  of  «uch  person  to  a  seat  as  aforesaid  shall  be  determined  by  the 
house  in  which  he  claims  such  seat  as  a  member;  and  each  house  shall  in 
all  cases  be  the  sole  judge  of  the  qualifications  of  its  members.  (R.  C. 
1905,  §  27;  Pol.  C.  1877,  ch.  2,  §  9;  R.  C.  1899,  §  27.) 


3 

36 

2 

34,  45 

3 

36 

5 

41 

4 

46 

6 

48 

6 

30 

5 

44 

1 

17 

6 

48  . 

2 

1 

2 

42 

2 

21 

3 

14 

2 

43 

3 

12,  3T 

2 

19 

3 

13 

4 

35 

6 

49 

6 

39 

6 

31 

1 

16 

4 

23 

2 

22 

1 

8 

2 

3,  4 

5 

2,  29 

4 

33 

5 

41 

LEGISLATIVE  APPORTIONMENT. 

§  44.  STATE  LEGISLATIVE  APPORTIONMENT.  The  senatorial 
and  representative  districts  of  the  state  shall  be  formed,  and  the  senators 
and  representatives  be  apportioned  as  follows : 

(1)  The  first  legislatve  district  shall  consist  of  the  county  of  Pem- 
bina, and  be  entitled  to  one  senator  and  three  representatives. 

(2)  The  second  district  .shall  consist  of  the  city  of  Kenmare  and 
that  portion  of  Ward  County  situated  and  being  in  township  154.  155  andi 


ELECTION   LAWS   OF   NORTH    DAKOTA  93 

156  of  ranges  85,  86  and  87;  township  157  of  ranges  84,  85,  86  and  87; 
township  158  of  range  87 ;  township  159  and  160  of  ranges  87,  88  and  89 ; 
and  township  161  of  range  88,  and  shall  be  entitled  to  one  senator  and 
one  representative, 

(3)  The  third  district  shall  consist  of  the  townships  of  Perth,  La  tone, 
Adams,  Silvesta,  Cleveland,  Norton,  Vesta,  Tiber,  Medford,  Vernon,  Golden, 
Lampton,  Eden,  Rushford,  Kensington,  Dundee,  Opps,  Prairie  Center,  Fer- 
tile, city  of  Park  River,  village  of  Edinburg,  village  of  Conway,  village  of 
Hoople,  village  of  Pisek,  village  of  Adams,  Fairdale,  Glenwood,  Kinlose, 
Shepard,  Sauter  and  Dewey,  in  the  County  of  Walsh,  and  be  entitled  to 
one  senator  and  two  representatives. 

(4)  The  fourth  district  shall  consist  of  the  townships  of  Forest  River, 
village  of  Forest  River,  Walsh  Centre,  Grafton,  City  of  Grafton,  Farming- 
ton,  Ardock,  village  of  Ardock,  Harriston,  Oakwood,  Martin,  Walshville, 
Pulaski,  Acton,  city  of  Minto,  and  St.  Andress,  in  the  county  of  Walsh, 
and  be  entitled  to  one  senator  and  one  representative. 

(5)  The  fifth  district  shall  consist  of  the  townships  of  Gilby,  Johns- 
town, Strabane,  Wheatfield,  Hegton,  Arvilla,  Avon,  Northwood,  city  of 
Northwood,  Lind,  Grace,  Larimore,  city  of  Larimore,  Elm,  Grove,  Agnes, 
Inkster,  city  of  Inkster,  Elkmount,  Plymouth,  Niagara,  Moraine,  Logan 
Centre,  and  Loretta,  in  the  county  of  Grand  Forks,  and  be  entitled  to  one 
senator  and  one  representative. 

(6)  The  sixth  district  shall  consist  of  the  third,  fourth,  fifth  and 
sixth  wards  of  the  city  of  Grand  Forks,  as  now  constituted,  and  the  town- 
ships of  Faulkner,  Harvey,  Turtle  River,  Ferry,  Rye,  Blooming,  Mekinock, 
Lakeville  and  Levant,  in  the  county  of  Grand  Forks,  and  be  entitled  to 
one  senator  and  one  representative. 

(7)  The  seventh  district  shall  consist  of  the  first,  second  and  seventh 
wards  of  the  city  of  Grand  Forks  as  now  constituted  and  the  townships 
of  Grand  Forks,  Brenna,  Oakville,  Chester,  Pleasant  View,  Fairfield,  Allen- 
dale, Walle,  Bentru,  Americus,  Michigan,  Union,  Washington,  and  the 
first  and  second  wards  of  the  city  of  Reynolds  in  the  county  of  Grand 
Forks,  and  be  entitled  to  one  senator  and  one  representative. 

(8)  The  eighth  district  shall  consist  of  the  county  of  Traill,  and  be 
entitled  to  one  senator  and  three  representatives. 

(9)  The  ninth  district  shall  consist  of  the  township  of  Fargo,  and  the 
City  of  Fargo,  in  the  county  of  Cass,  and  the  fractional  township  number 
one  hundred  thirty-nine,  range  forty-eight,  and  be  entitled  to  one  senator 
and  three  representatives. 

(10)  The  tenth  district  shall  consist  of  the  townships  of  Noble,  Wiser, 
Harwood,  Reed,  Barnes,  Stanley,  Pleasant,  Kenyon,  Gardner,  Berlin,  Ray- 
mond, Mapleton,  village  of  Mapleton,  Warren,  Normania,  Bell,  Harmony, 


94  STATE  OF  NORTH  DAKOTA 

Durbin,  Addison,  Davenport,  village  of  Davenport,  Casselton,  and  the  city 
of  Casselton,  in  the  county  of  Cass,  and  be  entitled  to  one  senator  and 
two  representatives. 

(11)  The  eleventh  district  shall  consist  of  the  townships  of  Gunkle, 
Rush  River,  Hunter,  Arthur,  Amenia,  Everest,  Maple  River,  Leonard, 
Dows,  Erie,  Empire,  Wheatland,  Gill,  Walburg,  Watson,  Page,  the  village 
of  Page,  Rich,  Ayr,  Buffalo,  the  village  of  Buffalo,  Howes,  Eldred,  High- 
land, Rochester,  Lake,  Cornell,  Towner,  Hill,  Clifton,  and  Pontiac,  in  the 
County  of  Cass,  and  be  entitled  to  one  senator  and  two  representatives. 

(12)  The  twelfth  district  shall  consist  of  the  townships  of  Eagle, 
Abercrombie,  village  of  Abercrombie,  Dwight,  Isben,  Centre,  Mooreton, 
Brandenburg,  village  of  Great  Bend,  Summit,  Fairmount,  village  of  Fair- 
mount,  Devillo,  Lamars,  Waldo,  Greendale,  and  the  city  of  Wahpeton,  in 
the  county  of  Richland,  and  be  entitled  to  one  senator  and  two  represen- 
tatives. 

(13)  The  thirteenth  district  shall  consist  of  the  county  of  Sargent, 
and  be  entitled  to  one  senator  and  two  representatives. 

(14)  The  fourteenth  district  shall  consist  of  the  county  of  Ransom, 
and  be  entitled  to  one  senator  and  two  representatives. 

(15)  The  fifteenth  district  shall  consist  of  the  townships  of  Bald- 
win, Dazey,  Laketown,  Pierce,  Uxbridge,  Edna,  Rogers,  Grand  Prairie, 
Minnie  Lake,  Anderson,  Hobert,  Potter,  village  of  Dazey,  village  of  Wim- 
bledon, village  of  Sanborn,  city  of  Valley  City,  township  143,  range  56 ; 
township  one  hundred  forty-three,  range  fifty-eight;  township  one  hun- 
dred forty-two,  range  fifty-eight;  township  one  hundred  forty-one,  range 
fifty-eight ;  township  one  hundred  forty-one,  range  fifty-nine ;  township  one 
hundred  forty-one,  range  sixty-one;  and  township  one  hundred  forty, 
range  fifty-eight,  in  the  county  of  Barnes,  and  shall  be  entitled  to  one 
senator  and  one  representative. 

(16)  The  sixteenth  district  shall  consist  of  the  counties  of  Steele 
and  Griggs,  and  be  entitled  to  one  senator  and  three  representatives. 

(17)  The  seventeenth  district  shall  consist  of  the  county  of  Nelson, 
and  be  entitled  to  one  senator  and  two  representatives. 

(18  The  eighteenth  district  shall  consist  of  the  county  of  Cavalier 
and  be  enttled  to  one  senator  and  three  representatives. 

(19)  The  nineteenth  district  shall  consist  of  the  county  of  Rolette, 
and  be  entitled  to  one  senator  and  two  representatives. 

(20)  The  twentieth  district  shall  consist  of  the  counties  of  Benson, 
and  be  entitled  to  one  senator  and  two  representatives. 


ELECTION    LAWS   OF    NORTH    DAKOTA  « 


(21)  The  twenty-first  district  shall  consist  of  the  county  of  Ramsej» 
and  be  entitled  to  one  senator  and  three  representatives.  ^y^i 

(22)  The  twenty-second  district  shall  consist  of  the  county  of  Towner, 
and  be  entitled  to  one  senator  and  two  representatives, 

(23)  The  twenty-third  district  shall  consist  of  the  county  of  Stuts- 
man,  and  shall  be  entitled  to  one  senator  and  four  representatives. 

(24)  The  twenty -fourth  district  shall  consist  of  the  county  of  La 
Moure,  and  shall  be  entitled  to  one  senator  and  two  representatives. 

(25)  The  twenty -fifth  district  shall  consist  of  the  county  of  Dickey, 
and  shall  be  entitled  to  one  senator  and  two  representatives. 

(26)  The  twenty-sixth  district  shall  consist  of  the  counties  of  Em- 
mons and  Kidder,  and  be  entitled  to  one  senator  and  four  representa- 
tives. 

(27)  The  twenty-seventh  district  shall  consist  of  the  county  of  Bur-; 
leigh,  and  be  entitled  to  one  senator  and  three  representativeis. 

(28)  The  twenty -eighth  district  shall  consist  of  the  county  of  Bot- 
tineau, and  shall  be  entitled  to  one  senator  and  four  representatives. 

(29)  The  twenty-ninth  district  shall  consist  of  the  city  of  Minot,  and 
that  portion  of  Ward  County  situated  and  being  in  townships  151,  152  and 
153  of  ranges  81,  82,  83,  84,  85,  86  and  87;  townships  154,  155  and  156 
of  ranges  81,  82,  83  and  84,  and  township  157  of  ranges  81,  82  and  83 
and  shall  be  entitled  to  one  senator  and  four  representatives. 

(30)  The  thirtieth  district  shall  consist  of  Morton  County,  and  shall 
be  entitled  to  one  senator  and  three  representatives. 

(31)  The  thirty-first  district  shall  consist  of  the  county  of  Stark, 
and  be  entitled  to  one  senator  and  three  representatives. 

(32)  The  thirty-second  district  shall  consist  of  the  counties  of  Eddy 
and  Foster,  and  be  entitled  to  one  senator  and  two  representatives. 

(33)  The  thirty-third  district  shall  consist  of  the  county  of  Wells, 
and  be  entitled  to  one  senator  and  two  representatives. 

(34)  The  thirty-fourth  district  shall  consist  of  the  townships  155, 
156,  157  and  158,  north  of  range  75  west,  and  also  townships  155,  156,  157, 
158  and  159,  north  of  ranges  76,  77,  78,  79  and  SO,  in  the  county  of  Me- 
Henry,  and  be  entitled  to  one  senator  and  one  representative. 

(35)  The  thirty-fifth  district  shall  consist  of  the  county  of  Sheridan, 
and  be  entitled  to  one  senator  and  one  representative. 

(36)  The  thirty-sixth  district  shall  consist  of  the  counties  of  Me- 


96  STATE  OF  NORTH  DAKOTA 

Intosh  and  Logan,  and  shall  be  entitled  to  one  senator  and  three  repre- 
sentatives. 

(37)  The  thirty-seventh  district  shall  consist  of  the  townships  of  Wal- 
oott,  Colfax,  Barrie,  Helendale,  Sheyenne,  Viking,  Garbourg,  Freeman, 
West  End,  Homestead,  Grafton,  Antelope,  Danton,  Garfield,  Dexter,  Wynd- 
mere,  village  of  Wyndmere,  Palford,  Liberty,  Brightwood,  town  of  Han- 
kinson,  Elma,  Durr,  city  of  Lidgerwood,  Moran,  and  Grant  in  the  county 
of  Richland,  and  be  entitled  to  one  senator  and  two  representatives. 

(38)  The  thirty-eighth  district  shall  consist  of  the  townships  of  Wei- 
mer,  Noltimeir,  Alta,  Oriska,  Springvale,  Cuba,  Green,  Herman,  Mansfield, 
Meadowlake,  Svea,  Scandia,  Norman,  Binghampton,  Raritan,  Thorden- 
skjold,  Oakville,  Spring  Creek,  Rosebud,  Greenland,  village  of  Litchville, 
village  of  Nome,  township  one  hundred  forty,  range  sixty-one,  township 
one  hundred  thirty-nine,  range  fifty-eight,  and  township  one  hundred 
thirty-eight,  range  fifty-eight  in  the  county  of  Barnes,  and  be  entitled  to 
one  senator  and  one  representative. 

(39)  The  thirty-ninth  district  shall  consist  of  the  counties  of  Billings, 
Bowman,  Slope  and  Golden  Valley,  and  shall  be  entitled  to  one  senator  and 
three  representatives. 

(40)  The  fortieth  district  shall  consist  of  the  counties  of  Burke  and 
Divide,  and  be  entitled  to  one  senator  and  three  representatives. 

(41)  The  forty-first  district  shall  consist  of  the  counties  of  Williams 
and  McKenzie,  and  shall  be  entitled  to  one  senator  and  five  representa- 
tives. 

(42)  The  forty-second  district  shall  consist  of  the  county  of  Pierce, 
and  shall  be  entitled  to  one  senator  and  two  representatives. 

(43)  The  forty-third  district  shall  consist  of  the  county  of  Renville, 
and  shall  be  entitled  to  one  senator  and  one  representative. 

(44)  The  forty-fourth  district  shall  consist  of  the  county  of  Mount- 
rail, and  shall  be  entitled  to  one  senator  and  two  representatives. 

(45)  The  forty-fifth  district  shall  consist  of  townships  151,  152,  153 
and  154  north  of  ranges  75,  76,  78,  79  and  80,  in  the  county  of  McHenry, 
and  shall  be  entitled  to  one  senator  and  one  representative. 

(46)  The  forty-sixth  district  shall  consist  of  the  counties  of  McLean 
and  Stevenson  (if  created  from  the  territory  of  McLean  County)  and  shall 
be  entitled  to  one  senator  and  three  representatives. 

(47  The  forty-seventh  district  shall  consist  of  Grant  County  and 
shall  be  entitled  to  one  senator  and  two  representatives. 


ELECTION  LAWS  OF   NORTH   DAKOTA  97 

(48)  The  forty-eighth  district  shall  consist  of  the  counties  of  Mercer, 
Oliver,  and  Dunn,  and  be  entitled  to  one  senator  and  three  representa- 
tives. 

(49)  The  forty-ninth  district  shall  consist  of  the  counties  of  Adams, 
Hettinger,  and  Sioux,  and  shall  be  entitled  to  one  senator  and  three  rep- 
resentatives. 

(1917,  ch.  2;  1911,  ch.  256;  1909,  ch.  6;  1907,  ch.  165;  R.  C.  1905,  sec. 
36;  Const,  sec.  214;  1890,  ch.  1,  sec.  1 ;  R.  C.  1899,  sec  37;  1901,  ch.  143.) 


JUDICIAL  DISTRICTS. 

Ch.  167,  S.  L.  1919.  Sec.  1.  JUDICIAL  DISTRICTS.  The  state  is 
hereby  divided  into  six  judicial  districts  composed  of  the  following  named 
counties,  respectively;  in  each  of  said  districts  one  or  more  judges  shall 
be  chosen  as  hereinafter  provided : 

District  Number  One  shall  consist  of  the  counties  of  Nelson,  Grand 
Forks,  Griggs,  Steele,  Barnes,  Traill  and  Cass,  and  shall  have  three 
judges. 

District  Number  Two  shall  consist  of  the  counties  of  Pembina,  Walsh, 
Towner,  Cavalier,  Rolette,  Pierce,  Benson,  Ramsey,  Bottineau,  Renville 
and  McHenry  ,and  shall  have  three  judges. 

District  Number  Three  shall  consist  of  the  counties  of  Richland,  Ran- 
som, Sargent,  Dickey,  LaMoure,  Mcintosh,  Logan  and  Emmons,  and  shall 
have  two  judges. 

District  Number  Four  shall  consist  of  the  counties  of  Stutsman,  Wells, 
Foster,  Eddy,  McLean,  Sheridan,  Burleigh  and  Kidder,  and  shall  have 
two  judges. 

District  Number  Five  shall  consist  of  the  counties  of  Divide,  Burke, 
Ward,  Mountrail,  Williams  and  McKenzie,  and  shall  have  two  judges. 

District  Number  Six  shall  consist  of  the  counties  of  Bowman,  Adams, 
Hettinger,  Slope,  Golden  Valley,  Mercer,  Oliver,  Morton,  Stark,  Grant, 
Dunn,  Billings  and  Sioux,  and  shall  have  three  judges. 

Sec.  3.  METHOD  OF  ELECTION  AND  TERM  OF  OFFICE.  There 
shall  be  elected  in  each  of  said  judicial  districts  as  hereinbefore  provided, 
a  judge  or  judges  of  the  District  Court,  whose  term  of  office  shall  be  four 
years  from  the  first  Monday  in  January  next  succeeding  his  election,  and 
until  his  successor  is  elected  and  qualified.     (Ch.  167,  §  3,  S.  L.  1919.) 


STATE  OF  NORTH  DAKOTA 


OFFICIAL  BONDS. 

§  131.  OFFICIAL  BOND.  The  secretary  of  state  shall  give  a  bond 
to  the  state  in  the  sum  of  ten  thousand  dollars.  (B.  C.  1905,  $  100 ;  1890, 
ch.  192,  §  1 ;  R.  C.  1899,  §  97.) 


§  142.  OFFICIAL  BOND.  The  State  Auditor  must  execute  an  offi- 
cial bond  in  the  sum  of  twenty  thousand  dollars.  (R.  C.  1905,  §  110; 
R.  C.  1895,  §  107.) 


§  156.  OFFICIAL  BOND.  The  State  Treasurer  must  execute  an 
official  bond  in  the  sum  of  not  less  than  one  hundred  thousand  dollars  nor 
more  than  five  hundred  thousand  dollars.  Such  bond  shall  be  executed 
by  the  Treasurer  as  principal  and  by  sureties  who  must  justify  in  the 
aggregate  in  a  sum  equal  to  twice  the  amount  of  the  bond.  The  sureties 
may  consist  of  freeholders  of  the  State  of  North  Dakota  or  of  corporations 
authorized  to  transact  the  business  of  fidelity  insurance  within  the  State 
of  North  Dakota,  or  may  consist  in  part  of  such  freeholders  and  in  part 
of  such  corporations  and  may  consist  of  one  bond  for  said  total  amount 
or  of  more  than  one  bond,  each  for  a  lesser  amount  but  aggregating  not 
less  than  said  total  amount;  and  in  the  case  of  more  than  one  bond  be- 
ing used,  and  in  case  of  loss  or  liability,  the  liability  of  each  separate 
bond  shall  be  held  to  bear  the  same  proportion  to  the  total  loss  or  liability 
as  the  amount  of  each  separate  bond  shall  bear  to  the  total  aggregate 
amount  of  all  such  bonds.  Such  bond  or  bonds  shall  be  approved  by  the 
Attorney  General  as  to  form  and  by  the  Governor  as  to  the  amount  of  the 
bond  and  as  to  the  sufficiency  of  the  sureties.  In  case  any  such  bond  is 
approved,  having  as  sureties  one  or  more  corporations  as  herein  provided, 
then  the  premium  for  such  bond  or  bonds  shall  be  audited  and  paid  out  of 
the  general  fund  of  the  state.  (1915,  ch.  246;  1907,  ch.  178;  R.  C.  1905, 
I  122;  1893,  ch.  96,  §  10;  R.  C.  1899,  §  118;  1905,  ch.  56.) 

§  268.  POLITICAL  INFLUENCE  OB  CONTRIBUTION  PBO- 
HIBITED.  Any  member  or  officer  of  the  board  of  control,  or  any  officer 
or  employee  of  a  state  institution  subject  to  this  board  who,  by  solicitation 
or  otherwise,  exerts  his  influence  directly  or  indirectly,  to  induce  other 
officers  or  employes  of  the  state  to  adopt  his  political  views,  or  to  favor 
any  particular  person  or  candidate  for  office,  or  who  shall  in  any  manner 
contribute  money  or  other  thing  of  value  to  any  person  for  election  pur- 
poses, shall  be  removed  from  his  office  or  i)osition  by  the  proper  authorities. 
(1911,  ch.  62,  §  33.) 

See  Opinions  of  the  Attorney  General.  No.  14. 


ELECTION    LAWS    OF    NORTH    DAKOTA  99 

BOARD  OF  RAILROAD  COMMISSIONERS. 

§  579.  HOW  CONSTITUTED.  The  three  persons  elected  commis- 
jsloners  of  railroads,  pursuant  to  the  provisions  of  section  82  of  the  con- 
stitution of  this  state,  constitute  and  shall  be  known  and  designated  as 
the  "Board  of  Railroad  Commissioners  of  the  State  of  North  Dakota." 
They  shall  have  power  to  elect  one  of  their  number  president  of  such 
board  and  to  appoint  a  secretary.     (R.  C.  1905,  §  364;  R.  C.  1895,  §  3003.) 

§  580.  WliO  DISQUALIFIED.  No  person  in  the  employment  of,  or 
owning  any  stocks  or  bonds,  or  otherwise  pecuniarly  interested  in,  or  an 
officer  of  any  railroad,  freight  or  transportation  company,  public  ware- 
house or  elevator  operated  in  this  state  shall  be  eligible  to  the  office  of 
commissioner  of  railroads.  (R.  C.  1905,  §  365;  1889,  ch.  110,  §  2 ;  R.  C. 
1899,   §  3004.) 

§  581.  OATH  AND  BOND.  Such  commissioners  before  entering  upon 
the  duties  of  their  office  shall  take  and  subscribe  the  following  oath, 
which  shall  be  filed  in  the  office  of  the  secretary  of  state,  viz. : 

I  do  solemnly  swear (  or  affirm)  that  I  will  support  the  constitution 
of  the  state  of  North  Dakota  and  that  I  will  faithfully  discharge  the 
duties  of  commissioner  of  railroads  to  the  best  of  my  ability;  that  I  am 
not  in  the  employment  of  and  that  I  own  no  stock  or  bonds  of  and  am 
not  otherwise  pecuniarly  interested  in,  nor  an  officer  of  any  railroad, 
freight  or  transportation  company,  public  warehouse  or  elevator  operated 
in  this  state. 

And  each  of  such  commissioners  shall  give  at  the  same  time  a  bond 
to  the  state  in  the  sum  of  ten  thousand  dollars  with  sureties  to  be  ap- 
proved by  the  state  treasurer,  conditioned  for  the  faithful  discharge  of  his 
■duties,  which  bond  shall  be  filed  in  the  office  of  the  secretary  of  state. 
<R.  C.  1905,  §  366;  R.  C.  1895,  §  3005.) 


QUALIFICATION  FOR  OFFICE. 

§  659.  CIVIL  OFFICERS  TO  QUALIFY.  Except  as  otherwise  spe- 
cially provided,  all  civil  officers  shall  qualify  substantially  in  the  manner 
and  form  herein  set  forth.  (R.  C.  1905,  §  400;  R.  C.  1899,  §  339;  Ch.  5, 
sec.  1,  Pol.  C.  1877.) 


Who  are  officers.     13  L.  R.  A.  177;  17  L.  R.  A.  243. 
Who  are  city  officers.    14  L,  R.  A.  646. 


§  660.  CERTAIN  OFFICERS  TO  GIVE  BONDS.  Each  civil  officer 
elected  by  the  people  or  appointed  by  the  governor  or  by  any  other  author- 
ity provided  by  law,  except  the  governor  and  the  officers  and  members  of 
the  legislative  assembly,  judges  of  the  supreme  and  district  courts,  county 
commissioners,  court  stenographers,  the  mayor  and  aldermen  in  cities, 
the  president  and  trustees  in  villages,  but  including  township  treasurers, 


100  STATE  OF  NORTH  DAKOTA 

clerks,  justices  of  the  peace  and  constables,  shall,  before  entering  on  his 
duties,  give  a  bond  conditioned  for  the  faithful  and  impartial  discharge 
of  the  duties  of  his  office  (naming  it  fully),  and  render  a  true  account 
of  all  moneys  and  property  of  every  kind  that  shall  come  into  his  hands  as 
such  officer  and  pay  over  and  deUver  the  same  according  to  law.  (R.  C. 
1905,  §  401;  1887,  ch.  47,  §  24;  R.  C.  1899,  §  340;  ch.  5,  sec.  2,  Pol.  C. 
1877.) 

The  bond  of  a  judge  of  probate  and  ex-officio  county  treasurer  was  con- 
ditioned that  "he  shall  well  and  faithfully  and  impartially  perform  the  duties 
and  execute  the  office  *****  without  fraud,  deceit  or  oppression."  Held,  that 
his  liability  was  that  of  an  insurer,  and  not  measured  by  the  law  of  bailments, 
and  that  he  was  bound,  not  to  exercise  due  care  and  diligence  in  the  discharge 
of  his  duties,  but  to  perform  them  absolutely,  without  conditions  or  exceptions, 
unless  prevented  by  an  irresistible  super- human  force  or  by  the  act  of  a  public 
enemy. 

Accidental  fire,  not  caused  by  lightning,  will  not  excuse  from  performance 
of  obligation,  nor  the  fact  that  county  failed  to  furnish  safe  at  his  request.  He 
becomes  personally  responsible,  and  in  the  absence  of  any  statutory  provisions, 
.  must  provide  for  the  safe  keeping  of  the  funds  and  property  coming  into  his 
hands.  Clay  Co.  v.  Simonsen,  1  Dak.  403,  46  N.  W.  592,  2  Dak.  113,  2  N.  W. 
260. 

State  bonding  act,  State  v.  Taylor,  33  N.  D.  76,  156  N.  W.  561. 

Fund  created  by  payments  required  by  section  876,  Code  1905  (section  1377 
herein)  is  public  fund,  and  superintendent  of  public  instruction  is  accountable 
for  unexpended  balance.     State  v.  Stockwell,  23  N.  D.  70,  134  N.  W.  767. 

§  661.  OATH  OF  CIVIL  OFFICERS.  Each  civil  officer  in  this  state 
before  entering  upon  the  duties  of  his  office  shall  take  and  subscribe  the 
oath  prescribed  in  section  211  of  the  constitution.  Such  oath  shall  be  in- 
dorsed upon  the  back  of  or  attached  to  his  bond  in  case  of  an  officer  re- 
quired to  give  bond  or  endorsed  upon  the  back  of  or  attached  to  the  com- 
mission, appointment  or  certificate  of  election,  in  case  of  an  officer  not  re- 
quired to  give  bond.  (R.  C.  1905,  §  402;  1890,  ch.  105,  §  1 ;  R.  C.  1895, 
§  341;  ch.  5,  sec.  3  and  4,  Pol.  C.  1877.) 

§  662.  APPROVAL  OF  BONDS.  The  bonds  of  all  state  and  district 
officers  shall  be  given  to  the  state,  shall  be  approved  by  the  governor  as 
to  sufficiency,  and  by  the  attorney-general  as  to  form,  and  such  bonds, 
and  a  duplicate  original  of  the  oaths  of  all  other  such  officers  shall  be 
deposited  in  the  office  of  the  secretary  of  state.  The  secretary  of  state 
shall  keep  a  book  in  which  shall  be  made  a  correct  copy  of  such  bonds, 
which  book  shall  be  called  the  "bond  record,"  and  when  such  bonds  have 
been  recorded  they  shall  be  deposited  with  and  kept  on  file  in  the  office 
of  the  state  treasurer,  except  the  bonds  of  the  state  treasurer,  which  shall 
be  deposited  with  and  kept  on  file  in  the  office  of  the  state  auditor.  The 
secretary  of  state  and  state  treasurer  on  receipt  of  such  bonds  shall  issue 
a  receipt  therefor,  and  such  receipt  shall  be  filed  in  the  office  of  the  state 
auditor.  The  bonds  of  all  county,  township  and  municipal  officers  shall  be 
given  to  the  county;  those  of  all  county  and  municipal  officers  under  the 
county  shall  be  approved  by  the  state's  attorney  as  to  form,  and  by  the 


ELECTION   LAWS   OF   NORTH    DAKOTA  101 

board  of  county  commissioners  as  to  sufficiency,  and  such  bonds  and  a 
duplicate  original  of  the  oaths  of  office  of  all  other  such  officers  shall  be 
filed  with  the  county  auditor,  except  the  bond  and  oath  of  such  auditor, 
and  the  bonds  and  oaths  of  all  county  justices  of  the  peace,  which  shall 
be  filed  with  the  clerk  of  the  district  court  of  the  county  or  judicial 
subdivision.  The  bonds  of  township  officers  shall  be  approved  by  the 
chairman  of  the  board  of  supervisors  of  the  township.  (R.  C.  1905,  §  403; 
1890,  ch.  32,  §  1;  R.  C.  1895,  §  342;  1903,  ch.  128;  ch.  5,  sec.  5,  Pol.  C. 
1877.) 

Where  state's  attorney  has  given  bond  approved  by  county  auditor  and 
served  fifteen  months,  commissioners  cannot  remove  for  failure  to  qualify. 
Howard  v.   Burns,   14  S.   D.  383,  85  N.   W.   920. 

Bond  of  coimty  treasurer  complying  with  statute  except  that  it  runs  to 
county  commissioners  instead  of  county,  is  valid.  Custer  Co.  v.  Alvien,  7  S.  D. 
482,  64  N.   W.   533. 

Bond  running  to  coimty  instead  of  state  enforcible  in  name  of  state  for  use 
of  person  injured.     State  v.   Barnes,  10  S.  D.  306,  73  N.   W.  80. 

Fund  created  by  payments  required  by  section  876,  Code  1905  (section  1377 
herein)  is  public  fund,  and  superintendent  of  public  instruction  is  accountable 
for  unexpended  balance.     State  v.  Stockwell,  23  N.  D.  70,  134  N.   W.  767. 


STATE  BONDING  FUND 

§  1.  A  state  bonding  fund  is  hereby  established,  under  the  manage- 
ment of  the  Commissioner  of  Insurance  herein  called  * 'Commissioner" 
for  providing  a  fund  for  the  bonding  of  all  officers,  deputies  and  employ- 
ees, herein  called  ''public  employees"  of  the  State  or  of  any  of  its  sub- 
divisions, who  are  required  by  any  law  of  this  state  to  be  bonded. 

§  2.  On  or  before  the  time  any  such  public  employee  shall  take 
office  and  assume  his  duties,  the  State  Auditor,  County  Auditor,  City 
Auditor,  village  clerk,  town  clerk  or  school  district  clerk,  as  the  case  may 
be,  shall  report  to  the  Commissioner,  the  fact  of  the  election  or  appoint- 
ment and  the  amount  of  the  bond  required  of  such  public  employee  and 
shall  therewith  remit  by  check,  draft  or  express  or  postal  money  order 
the  premium  herein  required. 

§  3.  Such  report  shall  be  made  in  such  form  and  manner  as  the 
Commissioner  shall  prescribe.  Unless  such  report  with  the  payment  of  the 
premium  shall  be  made  within  ten  days  after  the  service  of  such  public 
employee  hrs  begun,  the  officer  or  officers  whose  duty  it  shall  be  to  make 
such  report  and  payment  shall,  during  the  term  of  such  default  on  his  or 
their  party,  by  force  of  this  Act,  be  liable  as  sureties  on  the  bond  of  such 
public  employee,  with  the  same  effect  and  to  the  same  extent  as  if  said 
bond  had  been  duly  signed,  approved  and  filed  as  otherwise  provided  by 
law.  In  addition  thereto  any  officer  guilty  of  such  default  shall  be  liable  to 
punishment  for  a  misdemeanor.  No  compensation  shall  be  paid  to  any 
public  employee  unless  such  report  and  payment  shall  have  been  made 
to  the  Commissioner  or  a  bond  shall  have  been  filed  in  lieu  thereof  as 
provided  in  this  Act. 


102  STATE  OF  NORTH  DAKOTA 


§  4.  The  premiums  for  such  insurance  shall  be  twenty-five  cents  per 
year  per  hundred  dollars  of  the  amount  of  the  required  bond.  Such  prem- 
ium shall  be  paid  in  advance  by  the  proi>er  authorities  of  the  state  or 
any  of  its  subdivisions  from  its  respective  treasurers  to  the  State  Treas- 
ury, who  shall  keep  the  same  in  a  fund  to  be  known  as  a  "state  bonding 
fund"  and  who  shall  issue  quadruple  receipts  therefor,  one  to  be  filed  in. 
his  oflace,  and  one  each,  to  the  oflScial  making  such  payment,  the  Commis- 
sioner and  the  State  Auditor.  The  minimum  premium  for  each  public 
employee  shall  be  $2.50  per  year.  Unless  the  term  of  office  or  employment 
shall  be  for  a  shorter  period,  payment  shall  be  made  for  one  year  or  for 
such  longer  terms  as  the  Commissioner  may  prescribe. 

§  5.  The  state  and  each  political  subdivision,  as  the  case  msy  be, 
shall  be  insured  in  said  state  bonding  fund  according  to  the  provisions  of  this 
Act,  automatically  without  issue  of  any  bond  or  further  action  on  the 
part  of  said  Commissioner.  The  provisions  of  this  Act  and  of  any  statute 
requiring  a  t)ond,  shall  constitute  the  bond  of  each  and  every  public  em- 
ployee for  the  purpose  of  any  law  of  this  state  requiring  such  bond  and 
shall  constitute  the  entire  contract  between  the  state  bonding  fund  and  the 
state  or  its  political  subdivisions  respectively  as  the  obligee  in  any  such 
bond. 

§  6.  The  condition  of  such  bond  shall  be  that  such  public  employee, 
as  principal,  shall  faithfully  and  impartially  discharge  and  perform  the 
duties  of  his  said  office  or  employment  including  such  duties  as  are  or  may  be 
imposed  upon  him  by  law,  and  shall  render  a  true  account  of  all  moneys 
and  property  of  every  kind  that  shall  come  into  his  hands  as  such  public 
employee,  and  pay  over  and  deliver  the  same  according  to  law. 

§  7.  Immediately  upon,  and  in  no  event  later  than  sixty  days  after, 
the  discovery  of  any  default  or  wrongful  act  on  the  part  of  any  public 
employee  for  which  the  state  bonding  fund  is  or  may  become  liable,  the 
State  Auditor,  county  auditor,  city  auditor,  villyge.  township  or  school 
district  clerk  or  the  treasurer  in  case  such  officer  is  the  auditor  or  clerk, 
and  any  other  officer  having  supervision  of  such  public  employee  slrill, 
and  any  person  injured  by  such  default  or  wrongful  act  mny.  file  with  the 
Commissioner  a  claim  against  the  State  Bonding  Fund.  Such  claim  shill 
contain  an  abstract  of  the  facts  upon  which  it  is  based,  and  shall  be 
verified  by  the  claimant  or  by  some  one  in  his  or  its  behalf. 

§  8.  In  case  any  public  employee  shall  default  or  create  a  li  ibility 
against  said  State  Bonding  Fund,  the  Commissioner  shall  notify  the 
State  Examiner  who  shall  immediately  check  the  accounts  of  such  public 
employee  and  file  a  report  with  the  Commissioner,  stating  the  amount 
if  any  due  from  the  State  Bonding  Fund.  For  such  service  he  shall 
be  paid  out  of  the  State  Bonding  Fund  the  same  fees  as  he  is  paid  for 
examining  the  accounts  of  county  officers. 


ELECTION   LAWS  OF   NORTH    DAKOTA  103 

§  9.  All  claims  against  the  State  Bonding  Fund  shall  be  audited 
by  the  board  consisting  of  the  Commissioner  of  Insurance,  the  State 
Examiner,  and  the  Attorney  General,  and  such  persons  are  hereby  created 
a  board  to  audit  all  claims  arising  under  this  Act.  Such  board  shall 
have  authority  to  prescribe  the  forms  upon  which  claim  shall  be  presented^ 
and  may  administer  oaths  and  examine  witnesses  in  connection  with 
claims  presented  to  them.  If  the  said  board  of  audit  shall  find  a  claim 
of  any  part  thereof  to  be  a  valid,  just  and  proper  charge  against  the  said 
State  Bonding  Fund,  they  shall  make  and  file  an  order  to  that  effect^ 
stating  the  amount  allowed  upon  such  claim.  A  brief  description  of  every 
claim  filed  against  the  State  Bonding  Fund  shall  be  entered  by  the  Com- 
missioner of  Insurance  in  a  register  provided  for  that  purpose,  showing 
the  name  of  the  claimant,  the  amount,  and'  the  character  of  the  claim^ 
the  action  taken  by  the  board  of  audit,  and  the  date  thereof. 

No  action  shall  be  maintained  against  the  State  Bonding  Fund  upon 
any  claim  whatever,  until  the  claim  has  been  first  presented  for  allowance 
as  hereinbefore  provided,  and  allowance  thereof  refused ;  provided,  how- 
ever, that  the  neglect  or  refusal  of  the  board  of  audit  to  act  upon  any 
claim  for  a  period  of  sixty  days  after  its  presentation  for  allowance, 
shall  be  deemed  a  refusal  of  the  claim. 

No  action  shall  be  maintained  against  the  State  Bonding  Fund  upon 
any  claim  unless  such  action  is  brought  wthin  one  year  after  the  filing 
of  the  claim  with  the  Commissioner  of  Insurance. 

All  claims  and  papers  connected  with  claims  shall  be  filed  and  remain 
on  file  with  the  Commissioner  of  Insurance;  and  all  claims  against  the 
State  Bonding  Fund  shall  be  paid  upon  warrants  drawn  by  the  Com- 
missioner of  Insurance  upon  the  State  Treasurer  ngiinst  the  State  Bond- 
ing Fund. 

§  10.  Any  person  or  corporation  injured  by  the  default  or  wrong- 
ful act  of  any  such  public  employee  may  sue  such  public  employee  and 
join  the  State  Bonding  Fund  as  co-defendant,  v.nd  in  case  judgment  is 
obtained  against  such  public  employee,  the  judgment  shrill  further  specify 
that  such  judgment  shall  be  paid  out  of  any  funds  on  hand  in  the  State 
Bonding  Fund,  or  that  m?iy  thereafter  accrue  to  such  fund.  In  c  se  a 
judgment  is  paid  out  of  the  State  Bonding  Fund  in  nny  such  action, 
the  State  Bonding  Fund  shall  be  subrogated  under  the  judgment  to  the 
right  of  the  judgment  creditor  to  recover  against  such  public  employee. 
In  all  proceedings  to  enforce  such  right  of  subrogation  the  Commissioner 
shall  act  for  and  in  behalf  of  the  State  Bonding  Fund,  and  may  *xi  any 
action  or  proceeding  api)eal  from  any  appealable  order  or  from  any  judg- 
ment against  said  State  Bonding  Fund  the  same  as  is  provided  for  other 
parties  to  civil  actions. 

§  11.  If  at  any  time,  the  Commissioner  shall  be  of  the  opinion  that 
the  interests  of  the  State  Bonding  Fund  are  jeopardized  by  the  misconduct 


104  STATE  OF  NORTH  DAKOTA 

or  inefficiency  of  any  public  employee,  be  sball  make  or  request  tbe  State 
Examiner  to  make  an  examination,  and  if  necessary  cause  an  action  for 
an  accounting  to  be  instituted  against  sucb  public  employee  for  the  pur- 
pose of  requiring  a  complete  disclosure  of  the  business  of  the  office  of 
which  such  official  is  an  incumbent.  Such  action  shall  be  brought  in  the 
name  of  the  Commissioner  as  plaintiff  and  the  court  may  in  such  action 
interplead  all  parties  concerned.  If  at  any  time  the  Commissioner  deems 
it  advisable,  it  shall  be  his  duty  to  make  a  complaint  to  the  Governor, 
requesting  the  Governor  to  institute  an  investigation  with  the  purpose 
of  removing  from  office  any  defaulting  official  or  any  official  who  so  con- 
ducts the  affairs  of  his  office  as  to  endanger  the  State  Bonding  Fund. 

§  12.  The  Commissioner  may,  after  due  investigation  if  in  his  judg- 
ment the  interests  of  the  State  Bonding  Fund  requires  such  action,  cancel 
the  liability  of  the  Bonding  Fund  for  the  acts  of  any  public  employee, 
to  take  effect  thirty  days  after  written  notice  of  such  cancellation.  In 
such  case  the  official  whose  insurance  is  cancelled  may  secure  a  bond 
executed  either  by  private  surety  or  by  a  duly  authorized  company. 

§  13.  The  Commissioner  shall  immediately  notify  the  public  em- 
ployee of  such  cancellation  by  registered  mail,  and  the  public  employee 
shall  have  twenty  days  after  the  receipt  of  such  notice  within  which  to 
take  an  appeal  from  such  decision  of  the  commissioner  to  the  district  judge 
of  the  judicial  district  in  which  the  public  employee  resides.  The  judge  of 
said  court  shall  hear  such  appeal  at  a  day  to  be  fixed  by  him  not  less  than 
ten  nor  more  than  thirty  days  after  the  filing  of  the  appeal  with  the 
clerk.  The  case  shall  be  tried  by  the  court  without  a  jury.  Notice  of 
such  appeal  shall  be  served  by  the  appellant  upon  the  Commissioner. 

§  14.  Any  person  elected  or  appointed  to  office  may  furnish  in  lieu 
of  such  insurance  provided  for  in  this  act,  a  bond  by  personal  sureties  or 
by  a  surety  company,  but  no  officer  or  board  of  the  state  or  of  any  county, 
city,  town,  village,  school  district  or  township  shall  have  the  right  to 
pay  for  any  such  bond  or  bonds  out  of  any  public  funds,  except  for  such  bonds 
as  are  procured  to  replace  insurance  cancelled  by  the  Commissioner  or 
to  cover  the  excess  over  the  amount  carried  in  the  State  Bonding  Fund. 
(1919,  Ch.  158,  §  1  to  14  inclusive.) 


§  663.  AMOUNTS  OF  BONDS  OF  VARIOUS  OFFICERS.  The 
bond  of  each  state  officer  required  to  give  a  bond,  the  amount  of  which 
is  not  otherwise  provided  by  law,  shall  be  in  the  penal  sum  of  five  thousand 
dollars ;  of  the  county  auditor,  register  of  deeds  and  clerk  of  the  district 
court  in  the  penal  sum  of  ten  thousand  dollars  each,  except  in  counties 
having  a  population  of  less  than  ten  thousand  inhabitants,  in  which 
counties  smell  bonds  shall  be  in  the  penal  sum  of  five  thousand  dollars 
each;  of  the  state's  attorney  and  county  judge  in  the  penal  sum  of  two 


ELECTION   LAWS   OF   NORTH    DAKOTA  105 


thousand  dollars  each ;  of  the  county  superintendent  of  schools,  justices  of 
the  peace,  constables  and  notaries  public  in  the  sum  of  five  hundred  dol- 
lars each.  The  bond  of  the  sheriff,  coroner  and  county  treasurer  shall 
each  be  in  a  penal  sum  to  be  fixed  by  the  board  of  county  commissioners, 
but  that  of  the  county  treasurer  shall  not  be  in  a  less  penal  sum  than  four 
thousand  dollars,  except  when  the  total  amount  of  taxes  to  be  collected 
by  him  in  any  year  is  less  than  two  thousand  dollars,  then  in  double  the 
amount  of  taxes  to  be  collected.  (R.  C.  1905,  §  404;  1879,  ch.  6,  §1; 
1883,  sub-ch.  1,  ch.  112,  §  38;  1887,  ch.  161,  §  1;  1890,  ch.  132,  §  31; 
R.  C.  1899,  §  343;  Ch.  5,  sec.  6.  Pol.  C.  1877.) 

Fund  created  by  payments  required  by  section  876,  Oade  1905  (section 
1377  herein)  is  public  fund,  and  superintendent  of  public  instruction  is  account- 
able under  his  bond  for  unexpended  balance.  State  v.  Stock  well,  23  N.  D. 
70,  134  N.   W.  767. 

§  664.  OFFICIAL  BONDS.  Every  person  hereafter  elected  to  the 
oflSce  of  treasurer  of  any  county  within  the  state  of  North  Dakota  is 
hereby  required  to  give  an  oflBcial  bond  in  a  penal  sum  to  be  fixed  by  the 
board  of  county  commissioners,  which  bond  shall  not  be  in  a  less  i)enal 
sum  than  four  thousand  dollars,  except  when  the  total  amount  of  taxes 
to  be  collected  by  him  in  any  year  is  less  than  two  thousand  dollars,  then 
in  double  the  amount  of  taxes  to  be  collected;  but  in  no  case  shall  the 
amount  of  such  bond  be  less  than  two  thousand  dollars,  and  such  bond 
shall  be  executed  by  some  responsible  surety  or  fidelity  company,  author- 
ized and  qualified  to  do  business  within  the  state  of  N(H*th  Dakota,  and 
subject  to  approval  as  provided  by  law.  The  amount  of  the  premium 
for  such  surety  or  fidelity  bond  shall  be  audited  by  the  board  of  county 
commissioners,  and  paid  out  of  the  general  fund  of  the  county.  (R.  C. 
1905,  §  405;  1899,  ch.  116;  R.  C.  1899,  §  343a.) 

Courts  must  take  judicial  notice  of  surety  business  as  conducted  by  surety 
companies  where  statute  requires  filing  of  bonds.  State  ex.  rel.  Dakota  Trust 
Co.   V.   Stutsman,  24  N.   D.  68,  139  N.   W.  83. 

§  665.  ADDITIONAL  BOND  MAY  BE  REQUIRED  OF  COUNTT 
TREASURER.  The  board  of  county  commissioners  may  require  the 
county  treasurer  to  give  additional  sureties  whenever  in  the  opinion  of  the 
board  the  existing  security  shall  have  become  insufficient;  and  such 
board  is  authorized  and  empowered  to  require  from  the  county  treasurer 
an  additional  bond  as  required  by  law  with  good  and  sufficient  sureties 
in  such  sum  as  the  board  may  direct,  whenever  in  their  opinion  more 
money  shall  have  passed  or  is  about  to  pass  into  the  hands  of  such 
treasurer  than  is  or  would  be  recovered  by  the  penalty  in  the  previoiis 
bond.     (R.  C.  1905,  §  406 ;  R.  C.  1899,  §  344.) 

§  666.  FAILURE  TO  GIVE  ADDITIONAL  BOND.  EFFECT.  If 
any  county  treasurer  shall  fail  or  refuse  to  give  such  additional  bond 
or  sureties  for  ten  days  from  and  after  the  day  on  which  such  board  shall 


106  STATE  OF  NORTH  DAKOTA 


require  him  so  to  do,  his  oflSce  shall  become  vacant  and  another  treasurer 
shall  be  appointed  according  to  law.  (R.  C.  1906,  §  407;  R.  C.  1899,  §  345.) 
§  667.  COUNTY  COMMISSIONERS  FURNISH  BOND.  Every  per- 
son hereafter  elected  or  appointed  to  the  offices  of  county  commissioner 
of  any  county  within  the  state  of  North  Dakota  is  hereby  required  to 
give  to  the  county  an  official  bond  before  entering  upon  the  duties  of 
his  office,  conditioned  on  the  faithful  performance  and  discharge  of  the 
official  duties  of  his  office,  and  to  render  a  true,  accurate  and  full  account 
of  all  business  transactions,  powers  and  trusts  of  every  kind  and  nature 
that  shall  come  before  him,  or  into  his  hands  as  such  officer,  according 
to  law.  Such  bond  shall  include  all  the  business  of  the  county  done  by 
him  and  protect  the  county  against  all  acts  of  omission  as  well  as  com- 
mission, including  all  errors  caused  by  carelessness  or  inattention  in 
office;  such  bond  shall  be  executed  by  some  responsible  surety  or  fidelity 
company,  authorized  and  qualified  to  do  business  in  the  state  of  North 
Dakota,  and  be  subject  to  the  approval  of  the  state's  attorney  as  to  form, 
and  subject  to  the  approval  of  the  state's  attorney,  county  judge  and  clerk  ol 
the  district  court  as  to  the  responsibility  of  the  county  issuing  the  same ; 
which  said  bond  shall  be  in  a  penal  sum  of  five  thousand  dollars,  and 
the  amount  of  the  premium  for  such  surety  or  fidelity  bond  shall  be 
audited  by  the  state's  attorney,  county  judge  and  the  clerk  of  the  district 
court,  and  the  said  premium  to  be  paid  out  of  the  general  fund  of  the 
county.     (1911,  ch.  114,  §  1.) 

§  668.  CUMULATIVE.  NO  REPEAL.  Nothing  in  section  067  con- 
tained shall  in  any  manner  be  construed  as  repealing  or,  in  any  manner, 
altering  any  other  act  or  part  of  acts  heretofore  adopted  by  the  legislature 
of  this  state,  but  the  remedies  herein  (section  067)  provided  shall  be 
cumulative  and  in  addition  to  all  other  remedies  now  existing  in  relation 
thereto.     (1911,  ch.  114,  §  2.) 

§  669.  FIDELITY  BONDS.  Whenever  any  county,  township,  city, 
village  or  school  district  officer  hereafter  elected,  shall  be  required  by  law  to 
give  or  furnish  a  bond  for  the  faithful  performance  of  his  duties,  such 
bond  may  be  executed  by  some  responsible  persons  acting  as  sureties, 
surety  companies,  fidelity  insurance  or  bonding  compmy,  authorized  and 
qualified  to  do  business  within  the  state  of  North  Dakota,  and  approved 
by  the  Board  of  Commissioners,  trustees,  supervisors,  council  or  directors 
charged  with  the  approval  of  the  same ;  the  premium  for  such  bond  shall 
be  audited  by  such  board  and  paid  out  of  the  general  fund  of  the  county, 
township,  city  or  school  district,  as  the  case  may  be,  for  whose  benefit  the 
same  is  given.  This  section  shall  not  affect  the  provision  of  Section  6(>4 
relating  to  county  treasurer,  nor  the  furnishing  of  a  personal  bond  by 
any  officer  as  miy  be  provided  for  by  any  existing  law;  provided,  how- 
ever,~that  in  cnse  Chapter  62  of  the  Session  Laws  of  North  Dakota  for 
the  year  1915  shall  become  effective  the  provisions  of  this  Act  shall  not 


ELECTION    LAWS   OF   NORTH    DAKOTA  107 


be  construed  to  conflict  with  the  provisions  thereof  or  as  repealing  said 
Chapter  62  of  the  Sessions  Laws  of  1915.  (1917,  ch.  174;  R.  C.  1905,  sec. 
408;  1903,  ch.  127.) 

§  670.  BONDS  OF  TOWNSHIP  OFFICERS  AND  SCHOOL  DIS- 
TRICT OFFICERS.  It  shall  be  the  duty  of  each  county  auditor  on  or 
before  the  first  day  of  March  in  each  year  to  procure  the  proper  blank 
bonds  and  send  them  to  the  clerk  of  each  township  and  school  district, 
and  all  such  officers  required  by  law  to  give  bonds  shall  procure  such: 
bonds  from  the  proper  clerk;  and  shall  immediately  after  the  execution 
and  approval  thereof  hand  the  same  to  the  clerk  of  the  township,  whose 
duty  it  shall  be  forthwith  to  file  such  bonds,  except  those  of  justices  of 
the  peace,  with  the  coimty  auditor,  and  the  county  auditor  shall  on  re- 
ceipt thereof  examine  such  bonds  and  see  that  they  are  properly  executed 
and,  if  he  finds  that  any  bonds  are  not  executed  according  to  law.  he 
shall  note  thereon  any  errors  and  return  them  to  the  clerk  for  correction, 
and  it  is  hereby  made  the  duty  of  tlie  clerk  to  have  such  bonds  corrected 
forthwith  and  return  the  same  to  the  county  auditor.  The  county  auditor 
shall  not  issue  any  order  upon  the  county  treasurer  for  funds  or  money 
belonging  to  a  civil  township  or  school  district  to  any  j)erson  as  treasurer 
of  such  township  or  school  district  until  his  bond  has  been  filed  as  in 
this  section  provided.  (R.  C.  1905,  §  409;  1893,  ch.  94.  §  1 ;  R.  C.  1895. 
§  346.) 

§  671.  TOWNSHIP  CLERK  TO  REQUIRE  OFFICERS  ELECTED 
TO  QUALIFY.  It  shall  be  the  duty  of  the  clerk  of  the  township  to  re- 
quire all  legally  elected  officers,  who  accept  the  office  to  which  they  are 
elected,  to  qualify  within  the  time  prescribed  by  law  and  in  accordance 
with  all  other  provisions  thereof.  If  any  clerk  refuses  or  neglects  to  file 
the  bonds  of  township  officers  as  above  provided,  he  shall  be  liable  to  a 
fine  of  not  less  than  ten  nor  more  th:!n  fifty  dollars.  (R.  C.  1905,  §  410; 
1893,  ch.  94,  §  2;  R.  C.  1899,  §  347.) 

§673.  SURETIES  TO  BOND.  Each  official  bond  sh  ill  be  given  with 
at  least  two  sureties,  but  the  bond  of  the  state  treasurer  shall  have  at 
least  four,  and  that  of  the  county  treasurer  at  least  three  sureties.  (R.  C. 
1905,  §  412;  R.  C.  1899,  §  349;  ch.  5,  sec.  7.  Pol.  C.  1877.) 

Bonds  of  officers,    irregularities   in   which   do   not    release   sureties.     90  Am. 
St.  Rep.  188. 

§  674.  GOVERNOR  MAY  REQUIRE  ADDITIONAL  BOND  OF 
STATE  OFFICERS.  Whenever  the  governor  shall  deem  the  bond  filed  by 
any  state  officer  insufficient,  he  may  require  another  bond  to  be  furnished 
with  sufficient  sureties,  and  for  failure  to  give  such  bond  within  ten  days 
after  being  so  required  such  office  shall  be  deemed  vacant.  (R.  C.  1905. 
§  413:  R.  C.  1895,  §  350.) 

§  675.      APPROVAL  OF  BOND  MUST  BE   SIGNED  BY   OFFICER 


STATE  OF  NORTH  DAKOTA 


APPROVING.  Tlie  approval  shall  in  all  cases  be  indorsed  upon  the  bond 
and  signed  by  the  officer  approving  the  same;  but  in  case  the  board  of 
county  commissioners  or  the  chairman  of  the  township  board  of  super- 
visors shall  decide  that  a  bond  presented  to  them  is  insufficient,  a  reason- 
able time,  not  exceeding  five  days,  shall  be  allowed  the  officer  to  supply  a 
suflScient  bond,  and  such  board  or  oflBcer  may  take  three  days  to  consider 
the  approval  of  any  bond.  If  such  board  or  officer  refuses  or  neglects  to 
approve  a  bond  of  any  county  or  township  officer  elect,  he  may  upon  three 
days'  notice  to  such  board  or  officer  present  the  same  to  the  judge  of  the 
district  court,  who  shall,  unless  good  cause  for  delay  is  shown,  proceed  to 
hear  and  determine  the  sufficiency  of  such  bond,  and  may  approve  or  dis- 
approve the  same  as  the  facts  warrant.  (R.  C.  1905,  §  414;  R.  C.  1899, 
§  351;  ch.  5,  §  8,  Pol.  C.  1877.) 

See  State  Bonding  Act,  ch.  158,  S.  L.  1919. 

One  who  takes  no  steps  to  have  bond  approved  after  commissioners  have  re- 
fused to  approve,  forfeits  office.  Chandler  v.  Hughes  Co.,  9  S.  D.  24,  67  N.  D. 
946. 

§  676.  BONDS  MUST  BE  RECORDED.  The  bonds  of  all  county 
officers  shall  immediately  after  the  approval  of  the  same  be  recorded  at 
length  in  the  office  of  the  register  of  deeds  of  the  county  in  a  book  to  be 
provided  for  that  purpose.  When  such  bonds  pre  so  recorded  they  shall 
be  forthwith  filed  as  provided  in  section  662.  (R.  C.  1905,  §  415;  1885,  ch. 
120,  §  1;  R.  C.  1899,  §  352.) 

On  proof  of  loss  or  original,  record  of  bond  admissible  in  evidence.  Connor 
V.  Corson,  13  S.  D.  550,  83  N.  W.  588. 

§  677.  WHEN  TERM  OFFICE  BEGINS.  Except  when  otherwise 
specially  provided,  the  regular  term  of  office  of  each  county,  township  and 
precinct  officer,  when  elected  for  a  full  term,  shall  commence  on  the  first 
Monday  of  January  next  succeeding  his  election,  but,  if  the  office  to  which 
he  was  elected  was  vacant  at  the  time  of  his  election,  although  he  was 
not  elected  to  fill  such  vacancy,  he  shall  fortwith  qualify  and  enter  upon 
the  duties  of  his  office.  (R.  C.  1905,  §  416;  R.  C.  1895,  §  353;  ch.  5,  §  9, 
Pol.  C.  1877. 

A  register  of  deeds  does  not  hold  over  his  term.  He  is  elected  "every  two 
years,"  and  is  usurping  the  office  if  he  attempts  to  hold  over  if  not  legally 
elected.     Territory  v.  Hauxhurst,  3  Dak.  216,  14  N.   W.  432. 

See  sec.  173  of  the  constitution. 

In  the  absence  of  any  statute  fixing  a  particular  time  the  officer  elect  is 
entitled  to  the  office  and  its  emoluments  as  soon  as  the  result  of  the  election 
has  been  officially  declared,  and  he  has  qualified  as  reqtiired  by  law.  Territory 
V.  Hand,  1  Dak.  419,  46  N.  W.  685. 

§  678.  WHEN  OFFICERS  SHALL  QUALIFY.  Except  when  other- 
wise specially  provided,  all  state,  district,  county  and  precinct  officers  shall 


ELECTION   LAWS   OF   NORTH    DAKOTA  109 


qualify  on  or  before  the  first  Monday  of  January  next  succeeding  their 
election,  or  within  ten  days  thereafter,  and  on  said  first  Monday  of 
January  or  within  ten  days  thereafter,  enter  upon  the  discharge  of  the 
duties  of  their  office,  provided  that  county  auditors  shall  qualify  on  or 
before  the  first  Monday  of  April  next  succeeding  their  election  or  within- 
ten  days  thereafter,  and  on  said  first  Monday  of  April  or  within  ten  days 
thereafter  enter  upon  the  discharge  of  the  duties  of  their  office,  and  pro- 
vided further,  that  county  treasurers  shall  qualify  on  or  before  the  first 
Monday  of  May  next  succeeding  their  election,  or  within  ten  days  there- 
after, and  on  said  first  Monday  of  May  or  within  ten  days  thereafter, 
enter  upon  the  discharge  of  the  duties  of  their  office.  (1911,  ch.  197; 
R.  C.  1905,  §  417;  R.  C.  1899,  §  354;  1905,  ch.  140;  ch.  5.  §  10,  Pol.  C. 
1877.) 

Applies  to  judges  of  the  supreme  court.  State  v.  Robinson,  35  N.  D.  417,  160 
N.  W.  514. 

§  679.  FAILURE  TO  QUALIFY.  VACANCY.  If  any  person  elected 
to  any  office  mentioned  in  the  preceding  section  shall  fail  to  qualify  and 
enter  upon  the  duties  of  such  office  within  the  time  fixed  by  law,  such 
office  shall  be  deemed  vacant  and  shall  be  filled  by  appointment  as  pro- 
vided by  law;  but  if  there  is  a  contest  for  such  office,  or  if  the  person 
elected  to  such  office  is  prevented  or  obstructed  in  any  manner  from  enter- 
ing upon  the  duties  thereof,  the  time  above  prescribed  shall  not  govern, 
and  he  shall  be  allowed  twenty  days  after  the  day  such  contest  is  de- 
termined or  such  obstruction  removed  in  which  to  qualify.  (R.  C.  1905, 
S  418;  R.  C.  1899,  §  355;  ch.  5,  §  11,  Pol.  C.  1877.) 

Refusal  to  qualify  creates  a  vacancy  and  commissioners  are  authorized  to  fill 
by  appointment,  in  office  of  county  treasurer.  Stutsman  Co.  v.  Mansfield,  5  Dak. 
78,  27  N.  W.  304. 

Ineligibility  not  ground  for  commissioners  to  declare  vacancy  after  qualifica- 
tion by  state's  attorney.    Howard  v.  Bums,  14  S.  D.  383,  85  N.  W.  920. 

Vacancy  in  office  by  failure  to  file  bond  within  time  prescribed.  16  L.  R.  A. 
140. 

§  680.  BONDS  CONSTRUED  TO  COVER  ALL  DUTIES.  The  bonds 
of  all  civil  officers  shall  be  construed  to  cover  duties  required  by  laws 
passed  subsequent  to  giving  them,  and  no  bond  shall  be  void  for  failure 
to  comply  with  the  laws  as  to  matters  of  form  or  substance,  but  it  shall 
be  valid  as  to  all  matters  contained  therein,  if  it  complies  substantially 
with  the  law.  (R.  C.  1905,  §  419;  R.  C.  1895,  §  356;  ch.  5,  §  12,  Pol.  C, 
1877.) 

Action  on  sheriff's  bond  brought  in  name  of  real  party  in  interest.  Guern- 
sey t.  Tuthill,  12  S.  D.  584,  82  N.  W.  190;  Hollister  v.  Hubbard,  11  S.  D.  461, 
78  N.  W.  949. 

Bond  involuntarily  executed  for  greater  amount  than  required  by  statute  may 
be  enforced  in  ftUl.    State  v.  Taylor,  10  S.  D.  182,  72  N.  W.  407,  65  A.  S.  R.  707. 


110  STATE  OF  NORTH  DAKOTA 


County  treasurer  and  bondsmen  liable  for  loss  of  county  funds  by  fire. 
Clay  County  v.  Simonsen,  1  D.  387,  46  N.  W.  592. 

Surety  signing  upon  condition  known  to  obligee,  not  liable  thereon,  unless 
condition  performed.     State  t.  Wclbcs,  12  S.  D.  330,  81  N.  W.  629. 

Sureties  liable  for  money  paid  out  by  mistake.  Custer  County  v.  Tunley,  13 
S.  D.  7.  82  N.  W.  84. 

Bond  must  be  signed  by  principal,  or  sureties  are  not  bound.  Board  of  Ed. 
V.  Sweeney,  1  S.  D.  642,  48  N.  W.  302,  36  A.  S.  R.  767. 

Bonds  of  officers,  effect  of  adding  further  duties.     42  Am.  Rep.  404. 

Liability  of  sureties  on  bonds  aftef  the  expiration  of  term  of  office.  103 
Am.  St.  Rep.  932.       . 

Successive  bonds,  liability  of  sureties  upon.     10  Am.  St.  Rep.  843. 

Sureties  on  bonds,  acts  for  which  liable.     91  Am.  St.   Rep.  497. 

Trespasses  of  principal,  liability  of  sureties  on  bonds  for.  78  Am.  St.  Rep. 
420. 

Penalty  as  limit  of  liability  on  bonds  of  public  officers  generally.  55  L.  R.  A. 
393. 

Condition  in  official  bond  against  taking  effect  until  signed  by  others.  45 
L.  R.  A.  335. 

Effect  of  delivery  of  official  bond  unsigned  by  principal  obligor.  12  L.  R.  A. 
(N.  S.)  1108. 

Form  of  judgment  on  official  bonds.    62  L.  R.  A.  448. 

Liability  of  surety  in  case  of  fraud  of  obligee.     21  L.  R.  A.  413. 

Exemption  of  homestead  from  liability  on  official  bonds.     24  L.  R.  A.  790. 

Who  is  real  party  in  interest  by  whom  action  on  bond  must  be  brought. 
64  L.R.  A.  607. 

May  a  bond  of  public  official,  intended  as  a  statutory  bond,  but  not  binding  as 
such,  be  enforced  as  common-law  bond.     21  L.  R.  A.   (N.  S.)  766. 

Right  of  sureties  who  have  made  good  a  loss  occasioned  by  their  principal's 
default  or  misconduct,  to  be  subrogated  to  the  rights  of  the  obligee  or  bene- 
ficiary of  the  bond  against  a  third  person.     14  L.   R.  A.   (N.  S.)  155. 

Right  to  interest  on  official  bonds.     28  L.  R.  A.  (N.  S.)  11. 

Liability  of  bond  of  public  officer  for  interest  received  on  public  money. 
30  L.  R.  A.  (N.  S.)  855. 

Admissibility  against  sureties  of  statement  by  principal  after  expiration  of 
term  of  office.    40  L.  R.  A.  (N.   S.)  662. 

Effect  on  surety  of  judgment  against  principal.  52  L.  R.  A.  165;  40  L.  R.  A. 
(N.  S.)  704,  732. 

Suits  on  official  bonds  for  trespasses  or  unauthorized  acts  of  officer  done 
colore  officii.    21  L.  R.  A.  738. 

Liability  on  official  bond  for  making  arrest.  51  L.  R.  A,  222;  33  L.  R.  A. 
(N.  S.)  275. 

Liability  of  sureties  on  the  bond  of  a  peace  officer  for  latter's  act  in  killing 
or  injuring  one  person  while  attempting  to  execute  criminal  process  against  an- 
other.   29  L.  R.  A.  (N.  S.)  463. 

Liability  of  sureties  on  constable's  bond  for  assault  made  in  serving  or 
executing  civil  writ  or  process.     8  L.  R.  A.   (N.   S.)  1223. 

Liability  of  bondsmen  of  peace  officer  for  acts  of  latter  in  respect  of  property 
taken  from  prisoner.     37  L.  R.  A.  (N.  S.)  873. 

Liability  of  officer's  bond  for  failure  to  return  money  deposited  to  avoid 
execution  of  writ.    39  L.  R.  A.  (N.  S.)  577. 

Liability  on  official  bond  for  loss  of  money  by  theft  or  bank  failure.  22 
L.  R.  A.  449;  36  L.  R.  A.  (N.  S.)  285. 

Liability  of  a  postmaster  or  his  sureties  for  illegal  acts  done  in  accordance 
with  directions  of  a  superior  officer.     24  L.  R.  A.  (N.  S.)  309. 

Liability  of  public  officer  to  sureties  of  another  public  officer  for  losa  sus- 


ELECTION   LAWS   OF   NORTH    DAKOTA  111 


tained  by  them  through  former's'  nfeglect  to  require  proper  settlement  of  ac- 
counts.   28  L.  R.  A.  (N.  S.)  115. 

Liability  of  tax  officers  or  their  bond  for  failure  of  tax  purchaser's  title  on 
account  of  irregularities  in  procedure.     41  L.  R.  A.  (N.  S.)  967. 

Constitutionality  of  statute  releasing  public  oflBcer  or  his  surety  from  liability 
for  loss  of  public  fund.    41  L.  R.  A.  (N.  S.)  97. 

Liability  of  sureties  on  bond  of  public  office  for  default  of  principal  daring 
prior  term.    23  L.  R.  A.  (N.  S.)  131. 

Extension  of  liability  on  official  bond  while  officer  is  holding  orer  after  ex- 
piration of  regular  term.    35  L.  R.  A.  88. 

Extensions  of  time  to  principal  by  legislature,  when  releases  their  luretie*. 
45  Am.  Rep.  406. 

§  681.  RE-ELECTED  INCUMBENT  TO  ACCOUNT  BEFORE 
QUALIFYING.  When  the  incumbent  of  any  ofl&ce  is  re-elected  he  shall 
qualify  as  above  required;  but  his  bond  shall  not  be  approved  until  he 
has  produced  and  fully  accounted  for  all  public  funds  and  property  in  his 
control  under  color  of  his  oflSce  during  the  expiring  term  to  the  person 
or  authority  to  whom  he  should  account,  and  the  fact  and  date  of  such 
satisfactory  exhibit  shall  be  indorsed  upon  the  new  bond  before  its  ap- 
proval.    (R.  C.  1905,  §  420;  R.  C.  1899,  §  357;  ch.  5,  §  13,  Pol.  C.  1877.) 

Superintendent  of  public  instruction  is  bound  to  pay  into  state  treasury  tin- 
expended  balance  of  examining  fees  at  expiration  of  each  term  of  office.  State 
V.  Stockwell,  23  N.  D.  70,  134  N.  W.  767. 

§  682.  PUBLIC  PROPERTY  MUST  BE  DELIVERED  TO  SUC- 
CESSOR. Every  officer  elected  or  appointed  under  the  laws  of  this  state 
shall  on  going  out  of  office  deliver  to  his  successors  in  office  all  public 
moneys,  books,  records,  accounts,  papers,  documents  and  property  in  his 
possession  belonging  or  appertaining  to  such  office.  R.  C.  1905,  §  421 ;  R.  C. 
1899,  §  358;  ch.  5,  sec.  14,  Pol.  C.  1877.) 

See  Kukowski  v.  Emerson -Brantingham  Imp!.  Co.,  ....N.  D ,  175  N.  W. 

706. 

Superintendent  of  public  instruction  is  bound  to  pay  into  state  treasury  un- 
expended balance  of  examining  fees  at  expiration  of  each  terra  of  office.  State 
V.  Stockwell,  23  N.  D.  70,  134  N.  W.  767. 

It  is  the  duty  of  every  public  officer,  at  the  expiration  of  his  official  relation, 
to  surrender  to  his  successor  the  property  and  insignia  of  the  office  which  the 
law  commits  to  his  custody.  This  duty  is  ministerial  only,  and  its  performance 
is  enforceable  by  mandamus.     State  v.  McDonald,  41  N.  D.  389,  170  N.  W.  873. 

Mandamus  to  compel  surrender  of  office.    31  L.  R.  A.  343. 

Mandamus  to  compel  one  usurping  office  to  turn  over  papers.  35  L.  R.  A, 
(N.  S.)  528. 

ARTICLE  2.— VACANCIES  AND  SUPPLYING  THE  SAME. 

§683.  VACANCIES.  HOW  CAUSED,  Every  office  shall  become 
vacant  on  the  happening  of  either  of  the  following  events: 

1.  Death  of  the  incumbent. 

2.  His  insanity  judically  determined. 


112  STATE  OF  NORTH  DAKOTA 

3.  His  resignation. 

4.  His  removal  from  oflSce. 

5.  His  failure  to  discharge  the  duties  of  his  oflSce,  when  such  failure 
has  continued  for  sixty  consecutive  days,  except  when  prevented  from  dis- 
charging such  duties  by  sickness  or  other  unavoidable  cause. 

6.  His  failure  to  qualify  as  provided  by  law. 

7.  His  ceasing  to  be  a  resident  of  the  state,  district,  county  or  town- 
ship in  which  the  duties  of  his  office  are  to  be  discharged,  or  for  which 
he  may  have  been  elected. 

8.  His  conviction  of  a  felony  or  of  any  offense  involving  moral  turp- 
itude or  a  violation  of  his  oflScial  oath. 

9.  His  ceasing  to  possess  any  of  the  qualifications  of  office  prescribed 
by  law. 

10.  The  decision  of  a  competent  tribunal  declaring  void  his  election 
or  appointment.  (R.  C.  1905,  §  422;  R.  C.  1895,  §  359;  ch.  22,  §  2,  Pol.  0. 
1877.) 

Board  of  Regents,  State  v.  Crawford,  36  N.  D.  385,  162  N.  W.  725. 

State  V.  Scow,  38  N.  D.  246,  164  N.  W.  939. 

M.  having  been  re-elected  county  treasurer  and  declined  to  qualify  held  that 
a  racancy  occurred  which  it  was  the  duty  of  the  board  of  county  commissioners 
to  fill.     Stutsman  Co.  v.  Mansfield,  5  Dak.  78,  11  N.  W.  304. 

See  sec.  173  of  the  constitution. 

See  opinions  of  the  Attorney  General,  No.  15. 

1.  Vacancy  in  office  by  death  of  person  elected  thereto  before  beginning  of 
his  term.    14  L.  R.  A.  858. 

6,  Vacancy  in  office  by  failure  to  file  bond  within  the  time  prescribed.  16 
L.  R.  A.  140. 

7.  County  commissioner  will  not  lose  office  by  moving  to  another  district  in 
county.    Gray  v.  Beadle  County,  21  S.  D.  97,  110  N.  W.  16. 

Office  of  sheriff  becomes  vacant  in  part  of  county  which  is  segregated  from 
that  portion  in  which  he  resides.     Holtan  v.  Beck,  20  N.  D.  5,  125  N.  W.  1048. 

One  who  was  former  incumbent  of  office  cannot  be  de  facto  officer,  upon  his 
removal  from  state.     Chandler  v.  Starling,  19  N.   D.  144,  121   N.  W.   198. 

Treasurer  of  school  district  appointed  to  fill  vacancy  caused  by  removal  of 
incumbent  from  state,  ceased  to  have  right  to  hold  office,  upon  election  and 
qualification  of  person  to  fill  vacancy  of  original  incumbent.  State  ex  rel.  Alex- 
ander V.  Biggins,  28  S.  D.  41,  132  N.  W.  677. 

Constitutionality  of  statute  making  residence  with  the  district  a  qualification 
of  a  public  officer.    32  L.  R.  A.  (N.  S.)  835. 

RESIGNATIONS. 

§  684.  RESIGNATIONS,  TO  WHOM  MADE.  Resignations  must  be 
in  writing  and  made  as  follows : 

1.  Of  the  governr  and  lieutenant  governor,  to  the  legislative  assem- 
bly if  it  is  in  session,  and  if  not,  to  the  secretary  of  state. 

2.  Of  all  other  state  and  district  oflBcers,  to  the  governor. 


ELECTION   LAWS   OF   NORTH    DAKOTA  113 


3.  Of  all  members  of  the  legislative  assembly,  to  the  presiding  oflBcer 
of  their  branches  respectively,  when  in  session;  and  when  not  in  session, 
to  the  governor;  and  when  made  to  the  presiding  oflBcer  he  shall  at  once 
notify  the  governor  thereof. 

4.  Of  all  the  oflScers  of  the  legislative  assembly,  to  the  respective 
branches  thereof. 

5.  Of  all  elective  county  officers,  by  filing  or  depositing  such  resigna- 
tion in  the  office  of  the  county  auditor,  except  that  of  the  county  auditor, 
which  shall  be  filed  and  deposited  with  the  board  of  county  commissioners, 
which  resignation,  unless  a  different  time  is  fixed  therein,  shall  take  effect 
upon  such  filing  or  deposit 

6.  Of  officers  of  civil  townships,  to  the  board  of  supervisors  of  the 
township,  except  the  members  of  such  board,  which  shall  be  to  the  town- 
ship clerk;  and  notice  shall  forthwith  be  given  by  the  township  clerk  to 
the  county  auditor  of  the  resignation  of  all  officers  whose  bonds  are  filed 
with  such  officer. 

7.  Of  all  officers  holding  their  office  by  appointment,  to  the  body, 
board,  court  or  officer  that  appointed  them.  (R.  C.  1905,  §  423;  1881, 
ch.  137,  §  1;  R.  C.  1895,  §  360;  ch.  22,  §  1,  Pol.  0.  1877.) 

See  State  ex  rel  Jackson  v.  Kerkow,  31  S.  D.  494,  141  N.  W.  387. 

Resignation,  effect  of  and  right  to  resign.     36  Am.  St.  Rep.  524. 

Necessity  of  an  acceptance  to  complete  resignation  of  an  office.  23  L.  R.  A. 
-681;  12  L.  R.  A.  (N.  S.)  1010. 

Right  to  repudiate  or  withdraw  resignation  of  office.  16  L.  R.  A.  (N.  S.) 
1058. 

Liability  on  official  bond  after  resignation  of  office.     35  L.  R.  A.  93. 

§  695.  PROPERTY  DELIVERED  TO  SUCCESSOR.  Upon  the 
death,  resignation,  suspension  or  removal  from  office  of  any  officer  all 
books  and  papers  belonging  to  his  office  and  all  moneys  and  property  in 
his  hands  of  whatever  kind  shall  be  delivered  to  his  successor.  (R.  C. 
1905,  §  427;  R.  C.  1899,  §  364.) 

FILLING  VACANCIES. 

§  696.  VACANCIES.  HOW  FILLED.  All  vacancies,  except  in  the 
office  of  a  member  of  the  legislative  assembly,  shall  be  filled  by  appoint- 
ment as  follows : 

1.  In  the  office  of  states  attorney  in  which  a  vacancy  has  occurred, 
by  reason  of  removal  under  Section  685  of  the  Compiled  Laws  of  North 
Dakota  for  the  year  1913,  by  the  board  of  County  Commissioners  by  and 
with  the  advice  and  consent  of  the  Governor. 

2.  In  county  and  precinct  offices  by  the  board  of  county  commissioners, 
except  vacancies  in  such  board. 

3.  In  offices  of  civil  townships,  by  the  justices  of  the  peace  of  such 
township,  together  with  the  board  of  supervisors  or  a  majority  of  them, 


114  STATE  OF  NORTH  DAKOTA 

and  if  a  vacancy  occurs  from  any  cause  in  the  board  of  supervisors,  the 
remaining  member  of  the  board  shall  fill  such  vacancy. 

4.  In  state  and  district  offices  by  the  governor.  (1917,  ch.  249,  R.  C. 
1905,  §  428,  R.  C.  1895,  §  365.) 

County  commissioners  may  fill  vacancy  occurring  when  county  treasurer  ii 
re-elected  and  refuses  to  qualify.  Stutsman  County  v.  Mansfield,  S  D.  78,  27 
N.  W.  304. 

Circuit  judge  appointed  to  fill  vacancy  holds  for  unexpired  term.  State  v. 
Gardner,  3  S.  D.  553,  54  N.  W.  606. 

"Next  general  election"  means  next  general  election  at  which  office  may  be 
legally  filled;  supreme  judge  appointed  holds  for  unexpired  term.  In  re  Supreme 
Court  Vacancy,  4  S.  D.  532;  57  N.  W.  495. 

Appointment  by  county  commissioners  to  fill  vacancy  in  office  of  sheriff  must 
be  in  writing,  and  by  formal  action  of  board.  Holtan  v.  Beck,  20  N.  D.  5,  125 
N.  W.  1048. 

Right  of  governor  or  president  to  make  an  ad  interim  appointment  to  an  of- 
fice whose  fixed  term  expires  before  the  senate's  adjournment,  where  the  in- 
cumbent is  authorized  to  hold  over  until  successor  is  appointed.  46  L,  R.  A. 
(N.  S.)  1202. 

§  697.  VACANCIES  IN  BOARD  OF  COUNTY  COMMISSIONERS, 
HOW  FILLED.  When  a  vacancy  occurs  in  the  board  of  county  com- 
missioners, it  shall  be  the  duty  of  the  remaining  members  of  the  board, 
with  the  county  judge  and  auditor,  immediately  to  appoint  some  suit- 
able person  to  fill  such  vacancy  from  the  district  in  which  such  vacancy 
occurred.  In  case  a  majority  of  such  oflBcers  fail  to  agree  upon  a  person 
to  fill  such  vacancy  the  county  treasurer  shall  be  called  in  an  act  as  an 
additional  member  of  such  board,  to  fill  such  vacancy.  The  appointee  shall 
hold  office  until  his  successor  is  elected  at  the  next  general  election  and 
qualified.  (1907,  ch.  66;  R.  C.  1905,  §  429;  1885,  ch.  148,  §  1 ;  R.  C.  1899, 
§  366.) 

County  treasurer  refusing  to  qualify,  commissioners  may  fill  vacancy,  Stuts- 
man Co.  V.  Mansfield,  5  Dak.  78,  Z7  N.  W.  304. 

Where  number  of  county  commissioners  has  been  increased  by  vote  of  county 
as  provided  by  law,  vacancy  arises  in  office  of  county  commissioner  of  each  of 
new  districts.    State  ex  rel.  Atty.-Gen.  v.  Davies,  23  N,  D.  334,  136  N,  W.  955. 

§  698.  BRIEF  VACANCIES,  NOT  TO  BE  FILLED.  If  a  vacancy 
occurs  thirty  days  previous  to  an  election  at  which  it  may  be  filled,  no 
appointment  shall  be  made  unless  it  is  necessary  to  carry  out  such  election 
and  the  canvass  of  the  same  according  to  law;  in  which  case  an  appoint- 
ment may  be  made  at  any  time  previous  to  such  election  to  hold  until 
after  such  election  or  until  his  successor  is  elected  and  qualified.  (R.  C. 
1905,  §  430;  R.  C.  1899,  §  367.) 

§  699.  APPOINTMENTS  TO  BE  MADE  IN  WRITING.  TERM. 
Appointments  under  the  provisions  of  this  article  shall  be  made  in  writing 
and  shall  continue  in  force  until  the  expiration  of  the  term  in  which  the 
vacancy  occurs  and  until  his  successor  is  elected  and  qualified,  except  as 


ELECTION  LAWS  OF   NORTH   DAKOTA  IW 


Otherwise  expressly  provided  by  law.     (R.  C.  1905,   §  431;   R.   C.  1899, 
S  368.) 

Appointment  by  county  commissioner  to  fill  vacancy  in  office  of  sheriff  must 
be  in  writing,  and  by  formal  action  of  board.  Holtan  v.  Beck,  20  N.  D.  5,  125 
N.  W.  1048. 

One  appointed  to  fill  vacancy,  where  incumbent  died  after  being  re-elected 
before  expiration  of  the  term,  holds  office  until  next  general  election.  State 
ex  rel.  Hellier  v.  Vincent,  20  S.  D.  90,  104  N.  W.  914. 

Appointment  of  district  judge  holds  for  unexpired  term.  Supreme  judge  to 
next  general  election.  State  v.  Gardner,  3  S.  D.  553,  54  N.  W.  606;  Sec.  98, 
N.  D.  Const. 

"Next  general  election"  defined.  In  re  Supreme  Court,  4  S.  D.  532,  57  N.  W. 
495. 

First  and  last  days  in  computing  time.    49  L.  R.  A.  244. 

§  700.  APPOINTEES,  HOW  TO  QUALIFY.  A  person  appointed  to 
office  as  herein  provided  shall  qualify  within  the  time  and  in  the  manner 
required  of  a  person  elected  or  appointed  to  such  office  for  a  full  term 
thereof.     (R.  C.  1905,  §  432;  R.  C.  1895,  §  369.) 

§  706.  OFFICES,  WHERE  KEPT.  No  county,  township  or  munici- 
pal officer  in  this  state  shall  keep  his  office  or  any  books,  papers,  records 
or  other  property  pertaining  to  his  office  at  any  place  other  than  that  in 
which  he  is  required  by  law  to  keep  such  office.  (R.  C.  1905,  §  438 ;  1883, 
ch.  90,  §  1 ;  R.  C.  1895,  §  375.) 

Mandamus  to  compel  holding  of  offices  at  county  seat.  State  v.  Langlie,  5 
N.  D.  594,  67  N.  W.  958. 

Office  which  county  officer  is  required  by  statute  to  maintain  must  be  at 
county  seat.     State  v.  Porter,  15  S.  D.  387,  89  N.  W.  1012. 

Granting  of  temporary  injunction  restraining  county  officers  from  removing 
their  offices  pending  determination  of  contest  of  election  in  relation  thereto,  was 
not  abuse  of  discretion.    Shaw  v.  Circuit  Ct.,  27  S.  D.  49,  129  N.  W.  907. 

§  707.  PENALTY  FOR  VIOLATION  OF  LAST  SECTION.  Any 
officer  violating  any  of  the  provisions  of  the  last  section  is  guilty  of  a 
misdemeanor.     (R.  C.  1905,  §  439;  1883,  ch.  90,  §  2 ;  R.  C.  1895,  §  376.) 


CHAPTER  n. 
ELECTIONS. 

ARTICLE    1.     PRIMARY  ELECTIONS,  §§  851-898. 

2.  REGULATING  CAUCUSES  AND  NOMINATIONS  FOR 
OFFICE  WHERE  PRIMARY  ELECTION  PROVISIONS 
DO  NOT  APPLY,  §§  899-901. 

3.  NONPARTISAN     NOMINATION     AND     ELECTION    OF 


116  STATE  OF  NORTH   DAKOTA 


MUNICIPAL  OFFICERS,    §§   902-903. 

6.  PRIMARY     ELECTION    OF    NATIONAL    DELEGATES, 
§§  910-916. 

7.  GOVERNING  PARTY  REGISTRATION,   §§  917-919. 

8.  PUBLICATION    OF    CANDIDATES'    NAMES    BEFORE 
PRIMARY  ELECTION,   §§  920-922. 

9.  ELECTION  PRIVILEGES,  §§  923-944. 

10.  GENERAL  PROVISIONS,  §§  945-949. 

11.  ELECTION  PRECINCTS,  §  950. 

12.  ELECTION   OFFICERS   AND   THEIR   DUTIES,    §§    951- 
956. 

13.  ELECTION  SUPPLIES,  §§  957-980. 

14.  NOTICE  OF  ELECTION,  §§  981-982. 

15.  CONDUCT  OF  ELECTIONS,  §§  983-991. 

16.  ABSENT  VOTERS,  §§  992-1004. 

17.  CANVASS  OF  RETURNS,  §§  1005-1032. 

18.  RESIGNATIONS  AND  VACANCIES,    §§   1033-1036. 

19.  PRESIDENTIAL  ELECTORS,   §§   1037-1038. 

20.  MISCELLANEOUS  PROVISIONS,  §§  1039-1045. 

21.  CONTESTING  ELECTIONS,  §§  1046-1058. 

22.  CONTEST    OF    ELECTION    OF    PRESIDENTIAL    ELEC- 
TORS, §§  1059-1069. 

23.  CONTEST  OF  LEGISLATIVE  ELECTIONS,  §§  1070-1089. 

24.  REGISTRATION  OF  VOTERS,  §§  1090-1104. 


ARTICLE  1.— PRIMARY  ELECTIONS. 

§  851.  INTENT  OF  ARTICLE.  It  is  the  intention  of  this  article  to 
reform  the  methods  by  which  political  parties  shall  make  nominations  of 
candidates  for  all  public  oflBces  by  popular  vote.  It  shall  be  liberally  con- 
strued so  that  the  real  will  of  the  electors  may  not  be  defeated  by  any 
informality  or  failure  to  comply  with  all  provisions  of  law  in  respect  to 
either  giving  of  any  notice  or  the  conducting  of  the  primary  or  certify 


ELECTION   LAWS   OF   NORTH    DAKOTA  117 

the  results  thereof.   (1907,  ch.  109,  §  1;  R.  C.  1905,  §  551;  1905,  ch. 
109,  {  1.) 

Primary  election  law  provides  for  party  nominations  by  popular  vote  of  elec- 
tors of  parties  entitled  to  use  election  machinery  provided.  State  ex  rel.  Miller 
V.  Flaherty,  23  N.  D.  313,  41  L.  R.  A.   (N.  S.)  132,  136  N.  W.  76. 

Primary  election  law  must  be  reasonable,  tmiform  in  operation,  and  must 
bear  with  substantial  equality   upon   all  parties  and  candidates.     State   ex  reU 

Dorvan  v.   Hamilton,  20  N.  D.  592,  129  N.   W.  916. 

See  Fuerst  v.  Semmler,  28  N.  D.  416,  149  N.  W.  115. 

Constitutionality  of  primary  election  laws.  22  L.  R.  A.  (N.  S.)  1136;  41 
L.  R.  A.  (N.  S.)  132. 

"Primary  elections"  as  elections,  within  constitution  or  statute  relating  to 
elections  generally.    18  L.  R.  A.  (N.  S.)  412. 

§  852.  HELD,  WHEN.  WHAT  OFFICE,  FOR.  On  the  last  Wedr 
nesday  in  June  of  every  year  in  which  occurs  a  general  election  there 
shall  be  held,  in  lieu  of  party  caucuses  and  conventions,  a  primary  elec- 
tion in  the  various  voting  precincts  of  this  state,  for  the  nomination  of 
candidates  for  the  following  oflSces  to  be  voted  for  at  the  ensuing  general 
election,  viz:  Members  of  Congress,  state  oflScers,  county  officers,  district 
assessors  and  the  following  officers  on  the  years  of  their  regular  election, 
viz:  Judges  of  the  supreme  and  district  courts,  members  of  the  legisla- 
tive assembly,  county  commissioners,  United  States  senators.  For  special 
elections  for  the  officers  enumerated  herein  the  nominations  shall  be  made 
as  otherwise  provided  by  law.  (1915,  ch.  150;  1907,  ch.  109,  §  2 ;  R.  C. 
1905,  §  552;  1905,  ch.  109,  §  2.) 

Primary  election  of  national  delegates  and  presidential  electors,  see  sections 
910-916. 

See  note  on  validity  of  primary  election  laws,  Ann.  Cas.  1916  B.  594,  also 
9  R.  C.  L.  1072,  5  Ann.  Cas.  568. 

Nomination  of  presidential  electors,     43  L.   R.  A.   (N.   S.)  287. 

§  853.  PETITION  REQUIRED.  FEES  FOR  FILING.  AFFIDA- 
VIT OF  CANDIDATES.  Every  candidate  for  United  States  senator, 
member  of  congress,  state  officers,  (judge  of  the  supreme  and  district 
courts,)  shall  not  more  than  sixty  days  nor  less  than  thirty  days  prior 
to  said  primary  election,  present  to  the  secretary  of  state  a  petition  giving^ 
his  name,  post  office  address,  the  title  of  the  office  to  which  he  aspires 
and  the  party  which  he  represents,  containing  the  names  of  3  per  cent 
of  the  to'-U  vote  cast  for  the  candidate  of  the  party  with  which  he  affili- 
ates, for  the  same  position  at  the  last  general  election  ;  provided,  how- 
ever, that  in  no  case  shall  more  than  three  hundred  names  be  required. 
Each  name  on  the  petition  shall  be  that  of  a  legal  voter  and  be  subscribed 
under  a  certified  party  heading. 

Upon  receipt  by  the  secretary  of  state  of  such  petition  (and  the  pay- 
ment to  him  of  an  amount  equal  to  1  per  cent  of  the  annual  salary  6t 
the  office  to  which  he  aspires,  and  when  accompanied  by  the  following- 
affidavit)    he  shall  place  the  applicant's  name  upon  the  primary  election 


118  STATE  OF  NORTH  DAKOTA 

ballot  in  the  columns  of  his  party  as  hereinafter  provided;  (provided, 
however,  that  no  fee  shall  be  required  of  candidates  for  United  States 
senator.)     Said  affidavit  may  be  substantially  as  follows: 


State  of  North  Dakota, 


\  ss. 


County  of 

I,    ,   being   duly   sworn,   depose   and 

say  that  I  reside  in  the  county  of and  state 

of  North  Dakota ;  that  I  am  a  qualified  voter  therein  and  a 

;  that  i  am  a  candidate  for  nomination  to  the  office  of 

to  be  chosen  at  the  primary  election  to 

be  held  on  the ,  19 ,  and  I  do  hereby  re- 
quest that  my  name  be  printed  upon  the  primary  election  ballot  as  pro- 
vided by  law,  as  a  candidate  of  the party  for  said 

office. 


Subscribed  and  sworn  to  before  me,  this day  of 

19 


Notary  Public,  North  Dakota. 

The  fees  designated  in  this  section  to  be  paid  to  the  secretary  of  state 
shall  be  turned  over  by  him  to  the  state  treasurer  to  be  covered  into  the 
general  fund.     (1907,  ch.  109,  §  3;  R.  C.  1905,  §  553;  1905,  ch.  109,  §  3.) 

See  Chapter  117,  Session  Laws  1909. 

See  Opinions  of  the  Attorney  General,  Nos.  16  to  23  inclusive. 

Fee  provision  unconstitutional,  see  note  to  854. 

Affidavit  provision  unconstitutional,  see  note  to  854 

Question  of  genuineness  of  signatures  or  qualifications  of  signers  not  to  be 
raised  by  the  secretary  of  state.     State  v.  Blaisdell,  17  N.  D.  575,  118  N.  W.  225. 

Petition  of  a  candidate  for  United  States  senator  must  specify  term  of  office 
where  there  are  two  vacancies  to  be  filled.  State  v.  Blaisdell,  34  N  D  321 
159  N.  W.  401.  ' 

Failure  of  at  least  twenty  electors  to  add  address  to  signatures  renders 
nominating  petition  insufficient.    Harris  v.  King,  21  S.  D.  47,  109  N.  W.  644. 

(The  provision  in  section  853,  requiring  candidates  to  file  affidavit  re- 
citing that  he  is  a  qualified  elector  and  a  candidate  for  nomination,  held 
unconstitutional  in  State  v.  Blaisdell,  18  N.  D.  55,  apparently  assumed  to 
be  in  effect  in  State  v.  Blaisdell,  34  N.  D.  325,  re-enacted  in  ch.  150  S.  L. 

1915,  apparently  held  invalid  in  State  v.  Hall,   N.  D ,  176  N.  W. 

920,  the  court  therein  holding  that  a  candidate  for  delegate  to  a  national 
convention  need  not  be  an  elector.     See  section  910. 

Querry,  is  a  candidate  required  to  file  affidavit?    Ed.) 

§  854.  COUNTY  AND  LEGISLATIVE  CANDIDATES.  PETITION, 
PILING  FEE.  Every  candidate  for  a  county  or  district  office  shall,  not 
more  than  forty  days  nor  less  than  thirty  days,  and  before  four  o'clock 
P.  M.  of  the  thirtieth  day  prior  to  any  primary  election,  present  to  the 


ELECTION   LAWS   OF   NORTH    DAKOTA  119 

County  Auditor  a  petition  giving  his  name,  post  oflBce  address,  the  title 
of  the  office  to  which  he  aspires  and  the  party  which  he  represents,  con- 
taining the  names  of  five  per  cent,  of  the  total  vote  cast  for  the  can- 
didate of  the  party  which  he  represents,  for  the  same  position  at  the 
last  general  election;  such  names  to  be  procured  from  at  least  one-fifth 
of  the  precincts  of  his  district ;  provided,  however,  that  in  no  case  shall 
there  be  more  than  two  hundred  names. 

Each  name  on  the  petition  shall  be  that  of  a  qualified  voter  and  be 
subscribed  under  a  party  heading.  Each  signer  of  a  nomination  paper 
shall  sign  but  one  such  paper  for  the  same  office ;  he  shall  add  his  resi- 
dence with  the  street  number,  if  any,  and  the  date  of  signing.  Upon  the 
receipt  of  such  petition  by  the  County  Auditor  and  the  payment  to  him 
of  the  filing  fee  of  three  dollars  ($3.00),  excepting  candidates  for  County 
Commissioners,  District  Assessors,  Surveyors,  Coroner,  County  Constables 
and  County  Justices  of  the  Peace,  who  shall  pay  no  filing  fee  and  when 
accompanied  by  an  affidavit  as  provided  in  Section  853  relating  to  peti- 
tions required,  fees  and  filing  affidavit  of  candidate,  such  County  Auditor 
shall  place  the  name  of  such  applicant  upon  the  primary  election  ballot  in 
the  columns  of  his  party  as  hereinbefore  provided. 

When  a  legislative  district  is  composed  of  more  than  one  county,  the 
petition  herein  provided  for  shall  be  filed  with  the  County  Auditor  of  the 
county  where  the  candidate  resides,  and  such  County  Auditor  shall  certify 
to  the  County  Auditors  of  other  counties  comprising  such  legislative  dis- 
tricts the  names  of  the  candidates  filing  such  petitions.  The  filing  fees 
received  as  above  by  the  County  Auditor  shall  be  turned  over  by  him 
to  the  County  Treasurer  to  be  covered  into  the  general  fund.  (1915,  ch. 
150;  1911,  ch.  213,  §  4:  1907,  ch.  109,  §  4;  R.  C.  1905,  §  554;  1905,  ch. 
109,  §  4.) 

See  Chapter  117,  Session  Laws  1919. 

See  Opinions  of  AttX)rney   General,   Nos.   16  to  23  inclusive. 

The  fees  required  of  candidates  for  nomination  for  county  office  by  sec.  4, 
ch.  109,  Laws  of  1907,  being  1%  of  the  salary,  and  the  amount  thereof  bearing 
no  relation  to  the  services  performed  by  the  auditor,  such  requirement  is  in- 
valid. It  is  also  invalid  for  the  reason  that  it  attaches  a  qualification  to  can- 
didates for  office,  and  to  voters,  not  permitted  by  the  Constitution.  Johnson  v. 
Grand  Forks  Co.,  22  N.  D.  613,  135  N.  W.  179  following  on  this  point  Johnson 
v.  Grand  Forks  Co.,  16  N.  D.  363,  125  Am.  St.  Rep.  662,  113  N.  W.  1071. 

Said  act  (sec.  3  and  4)  provides  that  candidates  for  members  of  the  legisla- 
ture shall  take  and  subscribe  a  certain  oath  to  the  effect  among  other  things 
that  they  are  candidates  for  nomination  to  such  office,  and  designating  the  polit- 
icial  party  with  which  they  affiliate.  And  the  act  also  provides  that  the  petitions 
of  all  such  candidates  shall  contain  a  pledge  to  the  people  that  they  will  support 
the  party  candidate  for  United  States  senator.  Held  that  such  pledge  violates 
sec.  211  of  the  Constitution  in  that  it  adds  another  oath,  declaration  and  test  as 
a  qualification  for  office.  State  v.  Blaisdell,  18  N.  D.  SS,  24  L.  R.  A.  (N.  S.) 
465,  118  N.  W.  141.  See  also  State  v.  Hall,  ....N.  D ,  176  N.  W.  920,  Har- 
rington V.  Vaughn Mich ,  179  N.  W.  283,  State  v.  Blaisdell,  34  N.  D. 

325,  159  N.  W.  401. 


120  STATE  OF  NORTH  DAKOTA 

Petition  must  be  filed  30  days  before  election.  The  fact  that  30th  day  falls 
on  Sunday  will  not  change  this  rule.  State  v.  Burnham,  20  N.  D.  405,  127  N.  W. 
504,  following  State  v.  Falley,  9  N.  D.  464,  83  N.  W.  913  but  see  State  v.  Hall, 
....N.  D 176  N.  W.  117. 

"Primary  election"  is  "election"  within  meaning  of  section  121  of  constitu- 
tion. Johnson  v.  Grand  Forks  County,  16  N.  D.  363,  125  Am.  St.  Rep.  662,  113 
N.  W.  1071. 

§  855.  NAMES  ON  PRIMARY  BALLOT.  HOW  SECURED.  VA- 
CANCIES, BLOW  FILLED.  Applications  to  have  a  name  placed  on  the 
primary  election  ballots  for  nomination  may  be  made  by  five  qualified  elec- 
tors for  any  oflBce  designatpd  in  this  article,  by  presenting  the  petition 
required  in  sections  853  or  854  to  the  proper  official,  and  paying  the 
amount  required,  accompanied  by  the  following  affidavit: 

"State   of   North   Dakota,   1 


County  of. 


I,   A B 

C D and 

E being  duly  sworn,  each  for  himself,  de- 
poses and  says  that  he  is  a  qualified  voter  in  the  State  of  North  Dakota,  and 

that  he  hereby  makes  application  to  have  the  name  of 

printed  on  the  primary  election  ballot  of  the party 

for  the  office  of ,  to  be  voted  for  at  the 

primary  election  to  be  held  on  the day  of - 

19 ;  that  said is,  to  the  best  of 

his  knowledge,  information  and  belief,   a and 

a  qualified  voter  and  eligible  to  hold  the  office  of 

under  the  constitution. 


"Subscribed  and  sworn  to  before  me  this day  of. 

19 


Notary  Public,  North  Dakota. 

When  such  application  is  received  by  the  proper  office,  accompanied 
by  the  necessary  fee,  as  required  in  sections  853  and  954  of  this  article, 
he  shall  place  the  name  on  the  primary  election  ballot  as  a  candidate 
of  the  party  named  in  said  petition;  provided,  that  such  affidavit  and 
petition  shall  not  be  filed  without  the  written  consent  of  such  person  to 
be  nominated  endorsed  thereon ;  and  provided,  further,  that  when  the  time 
has  expired  at  which  a  petition  may  be  filed,  and  a  vacancy  exists  in  the 
primary  election  ballot  of  any  political  party  by  reason  of  no  petition 
having  been  filed  for  such  nomination,  then  and  in  that  case  the  same 
may  be  filed  by  affidavit  and  petition  as  provided  in  this  section,  on  the 
payment  of  one-half  of  the  usual  fee,  and  such  affidavit  and  petition 
must  be  filed  with  the  proper  officers  at  least  twonty-five  days  before  the 


ELECTION   LAWS   OF   NORTH    DAKOTA  121 


primary  election;  and  provided,  further,  that  no  petition  shall  be  cir- 
culated or  signed  more  than  ninety  days  previous  to  the  time  when  any 
petition  is  required  to  be  filed  as  herein  provided  for,  and  any  signatures 
to  a  petition  secured  prior  to  ninety  days  shall  not  be  counted.  (1913„ 
ch.  223;  1907,  ch.  109,  §  5.) 

See  Opinions  of  the  Attorney  General,  Nos.  24  and  25. 

§  856.  FORM  OF  PETITION.  The  petitions  required  in  sections  853, 
854  and  855  of  this  act  may  be  one  continuous  list  of  names  under  the 
proper  political  title  or  principle,  or  there  may  be  a  number  of  such  peti- 
tions using  the  same  title,  giving  the  aggregate  of  names  required.  (1907. 
ch.  109,  §  6;  R.  C.  1905,  §  556;  1905,  ch.  109,  §  5.) 


NON-PARTISAN  ELECTIONS. 

§  1.  NO  PARTY  PRIMARY  PETITION.  In  all  petitions  and  affi- 
davits to  be  filed  by  or  in  behalf  of  candidates  for  nomihation  in  the 
primary  election  to  all  elective  county  ofl3ces,  the  oflice  of  Judge  of  the 
Supreme  and  District  Courts,  and  the  office  of  State  Superintendent  of 
Public  Instruction  and  County  Superintendent  of  Schools,  no  reference  shall 
be  made  to  a  party  ballot,  or  to  the  party  affiliation  of  such  candidates. 

§  2.  SEPARATE  NONPARTISAN  PRIMARY  BALLOTS.  At  all 
primary  elections  there  shall  be  separate  ballots  which  ballots  shall  be 
entitled  ''Nonpartisan  Primary  Ballot,"  and  the  names  of  all  candidates 
for  any  of  the  said  offices  shall  be  placed  thereon  without  party  designa- 
tion, and  there  shall  be  designated  thereon  the  number  of  persons  each 
elector  is  entitled  to  vote  for  on  each  office  which  shall  be  the  number 
to  be  elected  to  such  office  at  the  next  succeeding  general  election. 

§  3.  The  names  of  aspirants  for  nomination  to  each  office  shall  be 
arranged  in  separate  groups  in  their  order,  leaving  one  or  more  blank 
lines  or  spaces  below  each  group  of  names  on  which  may  be  written  or 
placed  a  name  or  a  printed  sticker  to  express  the  vote  of  the  individual 
elector.  Such  ballot  shall  be  delivered  to  each  elector  by  the  proper  elec- 
tion officer  and  no  declaration  of  the  party  affiliation  or  registration  of 
such  party  affiliation  shall  be  required. 

§  4.  PERSONS  NOMINATED.  The  candidate  or  candidates  re 
ceiving  the  highest  number  of  votes  to  the  extent  of  double  the  number 
of  those  to  be  elected  to  any  office,  provided  there  are  that  many  or 
more  candidates  running,  shall  be  duly  nominated  thereto.  No  partisan 
nominations  shall  be  made  for  any  of  the  aforementioned  offices. 

§  5.  NONPARTISAN  BALLOT  AT  GENERAL  ELECTION.  At  the 
General  Election  there  shall  likewise  be  a  separate  ballot  upon  which  shall 
be  placed  thfe  names  of  all  candidates  who  have  been  nominated  as  here- 
inbefore provided,  which  ballot  shall  be  entitled  "Nonpartisan  Ballot." 
Such  ballot  shall  otherwise  be  in  the  same  form  as  hereinbefore  speci- 


122  STATE  OF  NORTH  DAKOTA 

fied  for  the  Nonpartisan  Primary  Ballot.  This  ballot  shall  be  delivered  to 
each  elector.  And  the  candidate,  or  candidates  to  the  number  to  be 
elected  for  each  oflfice  receiving  the  highest  number  of  votes  shall  be  duly 
elected  to  such  office. 

§  6.  PRESENT  LAWS  CONTROLLING.  Except  as  herein  provided 
such  ballot  shall  be  prepared,  printed,  distributed,  canvassed  and  returned 
in  the  manner  now  provided  for  primary  election  and  general  election 
ballots  respectively. 

§  7.  All  other  Acts  or  parts  of  Acts  which  are  in  conflict  with  the 
provisions  hereof  are  hereby  repealed.     (Chapter  117,  S.  L.  1919.) 

See  Opinions  of  the  Attorney  General,  Nos.  26,  27,  28, 

Where,  pursuant  to  ch.  117,  S.  L.  1919,  candidates  for  a  county  office  have 
been  selected  upon  a  nonpartisan  ballot  at  a  primary  election,  section  501  R.  C. 
1899  (section  971  A.  C.  L.  1913)  has  no  application,  and  certificates  of  nomination 
of  a  person  as  a  candidate  for  such  county  office  to  be  voted  on  at  a  general  elec- 
tion were  properly  refused  by  the  county  auditor.     State  v.  Hughes,  ...N.  D 

179  N.  W.  717. 

See  to  same  effect.  State  v.  Penrod Nebr 169  N.  W.  266. 

§  857.  NOMINATIONS  BY  STICKERS.  A  candidate  may  be  nom- 
inated by  having  his  name  written  on  or  by  printed  stickers  placed  over 
the  name  or  in  a  blank  line  left  for  that  purpose  underneath  the  group 
in  each  official  position :  but  not  more  than  one  name  shall  be  written  or 
printed  on  any  such  stickers.  (1907,  ch.  109,  §  7;  R.  C.  1905,  §  557;  1905, 
ch.  109,  §  6.) 

§  858.  ELIGIBILITY  OF  CANDIDATES.  All  persons  nominated 
in  accordance  with  the  provisions  of  this  article  shall  be  eligible  as  can- 
didates to  be  voted  for  at  the  ensuing  general  election.  (1907.  ch.  109, 
§  8;  R.  C.  1905,  §  564;  1905,  ch.  109,  §  9.) 

§  859.  BALLOTS,  FORM  OF;  DUTIES  OF  .JUDGES  AND  IN- 
SPECTORS. The  primary  election  and  primary  election  ballot  shall  be 
provided  for,  arranged  and  conducted,  and  all  expenses  paid  as  now  pro- 
vided by  law  for  general  elections,  except  as  otherwise  provided  for  in 
this  article. 

There  shall  be  separate  ballots  for  each  party  or  principle,  and  they 
all  shall  be  of  the  same  size,  texture  and  color,  except  sample  ballots, 
which  shall  be  printed  on  tinted  paper. 

The  ballot  shall  be  entitled,  "Primary  Election  Ballot." 

The  names  of  all  aspirants  for  nomination  of  each  political  party 
or  principle  for  the  different  offices  shall  be  arranged  in  separate  groups 
in  their  order,  on  separate  ballots  under  a  proper  political  designation, 
leaving  one  or  more  blank  lines  or  spaces  below  each  group  of  names  on 


• 


ELECTION   LAWS  OF   NORTH    DAKOTA  123 


which  may  be  written  or  placed  a  name  or  a  printed  sticker  attached 
for  the  nomination  of  the  committee  (candidate).  No  squares  shall  be 
left  at  the  head  of  the  ballot. 

At  the  head  of  each  ballot  shall  be  placed  the  title  of  the  political 
party  or  principle  that  it  represents. 

At  the  left  of  each  group  shall  be  placed  the  title  of  the  office,  fol- 
lowed by  a  bracket,  indicating  the  number  of  names  in  such  group. 
Above  each  group  there  shall  be  a  space,  in  which  shall  be  printed  the 
number  of  names  in  that  group  to  be  voted  for  as  follows: 

"Vote  for name   (on    (or)   names)   only." 

Immediately  above  the  names  of  the  candidates  to  be  voted  for  shall 

be  printed  the  following : 

"To  vote  for  a  person  whose  name  is  printed  on  the  ballot,  mark 
a  cross  (X)  in  the  square  at  the  right  of  the  name  of  the  person  for 
whom  you  desire  to  vote. 

"To  vote  for  a  person  whose  name  is  not  printed  on  the  ballot  write 
or  paste  his  name  in  the  blank  space  provided  for  that  purpose." 

Each  ballot  shall  contain  two  columns,  and  each  column  is  to  have  as 
nearly  as  possible  the  same  number  of  names  of  candidates  thereon,  ex- 
cept that  no  groups  or  spaces  beneath  any  group  shall  be  divided,  and  the 
candidates  for  the  various  oflBces  shall  appear  upon  the  ballot  in  the  fol- 
lowing order,  commencing  at  the  column  to  the  left,  viz. : 

Congressional : — 

United   States   Senator Vote  for  one 

Representatives  in  Congress district Vote  for. . . 

State  Officers:— 

Governor    Vote  for  one 

Lieutenant  Governor   , .  .Vote  for  one 

Secretary  of  State   Vote  for  one 

State  Auditor Vote  for  one 

State  Treasurer  Vote  for  one 

(Superintendent  of  Public  Instruction Vote  for  one) 

Attorney-General   Vote  for  one 

Commissioner  of  Insurance Vote  for  one 

Commissioner  of  Agriculture  and  Labor Vote  for  one 

Commissioner  of  Railroads   Vote  for  three 

Legislative : — 

State    Senator District Vote  for  one 

Member  of  House  of  Representatives Vote  for. . . 

County  Officers: — 

(Sheriff   Vote  for  one) 

(Auditor    Vote  for  one) 


124  STATE  OF  NORTH  DAKOTA 

(Treasurer Vote  for  one) 

(Clerk  of  District  Court Vote  for  one) 

(Register  of  Deeds Vote  for  one) 

(State's  Attorney Vote  for  one) 

(County  Judge Vote  for  one) 

(Superintendent  of  Schools Vote  for  one) 

(Public  Administrator  Vote  for  one) 

(County  Surveyor  Vote  for  one) 

(Coimty  Coroner  Vote  for  one) 

(County  Commissioner District Vote  for ) 

(County  Constable  Vote  for ) 

A  square  shall  be  placed  following  the  name  to  the  right  of:  every 
candidate,  and  the  voter  shall  place  a  cross  (X)  in  such  square  following 
the  name  of  each  person  he  desires  to  vote i for. 

The  judges  and  inspectors  of  election  when  handing  a  ballot  to  a 
voter  shall  inform  him  that  he  mnst  vote  for  the  candidates  «f  the  pol- 
itical party  such  ballot  represents  only,  and  the  voter  shall  call  for  the 
ballot  replresenting  the  party  or  principle  with  which  he  affiliates,  and 
he  shall  receive  isuch  ballot  and  no  other.  (1913,  ch.  222,  §  1;  1907,  ch. 
109,  §  9;  R.  C.  1905,  §§  565-568;  1905,  ch.  109,  §  10.) 

See   Chapter   117,   Session   Laws,  1919. 

Title  of  office  includes  within,  its'  meaning  the  term  thereof.  State  v.. 
Blaisdell,  34  N.  D.  321,  159  N.  W.  401. 

Note!  that  'this  section  requires  a  cross  in  the  square  while  i  section  959' 
relating  to  general  elections  requires  a  cross  or  mark,  also  note  omission  from 
this  section  of  provisions  that  name  written  or  pasted  in  shall  be  counted 
though  no  mark  or  cross  be  placed  in   square. 

Validity  and  construction  of  law  as  to  marking  ballots.     47  L.   R.  A.  806. 

Official  marks  on  ballots.     47  L.   R.   A.   808. 

Irregularities   inj  marking  ballots.     16   L.    R.    A.   754. 

Ambiguities  in  ballots,  evidence  to  explain.     10  Am.  St.  Rep.  317. 

Distinguishing  marks  which  invalidate  ballots.     40  Am.    St.   Rep.  240. 

§  860.  MUST  VOTE  PARTY  BALLOT.  Any  citizen  otherwise  elig- 
ible by  law,  affiliated  with  or  representing  the  principles  enumerated  in 
the  national  platform  of  the  following  parties,  are  eligible  to  nomination 
under  this  article :  The  republican  party,  the  democratic  party,  or  any 
party  designation  that  cast  five  per  cent  of  the  votes  cast  for  governor 
at  the  last  general  election  and  it  shall  be  unlawful  for  any  person  to- 
call  for  or  vote  a  ballot  at  the  primary  election  herein  provided  for,  ex- 
cept a  ballot  representing  the  party  or  principles  with  which  he  affiliates, 
and  any  person  wlio  has  re;ison  to  believe  that  the  ballot  called  for  by 
the  voter  does  not  represent  the  party  or  principles  with  which  said  voter 
affiliates,  may  challenge  such  vote,  and  he  shall  not  be  entitled  to  cast 
his  ballot  unless  he  makes  and  files  with  fthe  inspector  of  such  primary 
election  an  affidavit  to  the  effect  that  such  ballot  represents  the  political 


ELECTION   LAWS  OF   NORTH   DAKOTA  12S 


party  with  which  he  affiliates.     (1907,  ch.  109,  §  10;  R.  C.  1905,  §  569; 
1905,  ch.  109,  §  11.) 

Courts  have  power  to  direct  county  auditor  to  file  petition  of  candidate. 
State  ex  rel.  WUliams  v.  Meyer,  20  N.  D.  628,  127  N.  W.  834. 

A  party  represented  by  candidates  whose  names  have  appeared  in  the  indi- 
Tidual  column,  followed  by  the  party[  designation  on  the  Australian  ballot  used 
at  the  general  election  and  who  have  received  5  per  cent  of  the  votes  cast 
for  governor,  is  entitled  to  a  separate  ballot  at  the  next  primary  election. 
State  v.  Blaisdell,  20  N.  D.  622,  127  N.  W.  720. 

§  861.  VACANCIES  FILLED  BY  PARTY  COMMITTEES.  Should 
a  vacancy  occur  in  any  of  the  offices  for  which  nominations  are  made 
under  this  article  by  reason  of  resignation  or  death,  where  there  is  only 
one  aspirant  for  such  office,  before  the  printing  of  the  primary  election 
ballot  such  vacancy  may  be  filled  by  the  regularly  constituted  committee 
of  the  party  to  which  such  vacancy!  belongs,  and  no  petition  nor  ^ee  shall 
be  required.     (1907,  ch.  109,  §  11;  R.  C.  1905,  §  570  J  1905,  ch.  109,  §  12.) 

§  862  unconstitutional.  State  v.  Flaherty,  40  N.  D.  487,  169  N.  W.  93. 

§  863.  NOMINATIONS  FOR  UNITED  STATES  SENATOR.  Party 
candidates  for  the  office  of  United  States  Senator  shall  be  nominated  in 
the  manner  herein  provided  for  nomination  of  candidates  for  ^tate  offices. 
The  candidate  receiving  the  highest  number  of  votes  at  such  primary 
election  shall  be  the  nominee  of  his  party  for  the  office  of  United  States 
Senator,  at  the  succeeding  general  election.  The  votes  for  candidates  for 
United  States  Senator  shall  be  canvassed  and  returned  in  the  same  man- 
ner as  the  votes  cast  for  state  officers.  The  Secretary  of  State  shall  place 
the  name  of  the  candidate  of  each  party  who  receives  the  highest  number 
of  votes  for  the  office  of  United  States  Senator  upon  the  general  election 
ballot  to  be  used  at  the  general  election  next  following  such  primary  elec- 
tion.    (1915,  ch.  150;  1911,  ch.  207;  1909,  ch.  109,  §  13.) 

§  864.  BALLOTS,  HOW  PREPARED.  The  primary  election  ballot 
shall  be  prepared,  unless  otherwise  provided  in  this  article,  as  defined 
in  section  614  and  616  of  the  revised  codes  of  1905.  (1907,  ch.  109,  §  14; 
B.  C.  1905,  §  571;  1905,  ch.  109,  §  13.) 

R.  C.  1905,  §  614,  is  section  957  herein;  R.  C.  1905,  §  616,  has  been  amended 
and  as  amended  is  section  959  herein. 

§  865.  ARRANGEMENT  OF  NAMES  ON  BALLOT.  The  names  of 
candidates  for  each  office  upon  the  sample  ballots  shall  be  arranged  alpha- 
betically, according  to  surnames.  The  names  of  candidates  under  headings 
designating  each  official  position  shall  be  alternated  on  the  official  ballot 
in  the  printing,  in  the  following  manner,  viz. : 

First:  The  forms  shall  be  set  up  with  the  names  in  the  order  in 
which  they  are  placed  upon  the  sample  ballots  prepared  by  the  secretary 
of  state  for  the  state  and  district  offices,  and  by  the  county  auditor  for 
the  county  offices. 


126  STATE  OF  NORTH  DAKOTA 

In  printing  each  set  of  oflacial  ballots  for  the  various  election  pre- 
cincts the  position  of  the  names  shall  be  changed  in  each  oflace  division  as 
many  times  as  there  are  candidates  in  the  oflBce  division  or  group  in 
which  there  are  the  most  names. 

As  nearly  as  possible  an  equal  number  of  tickets  shall  be  printed 
after  each  change. 

In  making  the  changes  of  positions  the  printer  shall  take  the  line  of 
,  type  at  the  head  of  each  oflSce  division  and  place  it  at  the  bottom  of  that 
division,  showing  up  the  column    so  that  the  name  that  was  second  before 
the  change  shall  be  first  after  the  change. 

After  the  ballots  are  printed,  before  being  cut,  they  shall  be  kept  in 
separate  piles  for  each  change  of  position,  and  shall  then  be  piled  by 
taking  one  from  each  pile  and  placing  it  upon  the  other  pile  to  be  cut,  the 
intention  being  that  every  other  ballot  in  the  pile  of  printed  sheets  shall 
have  names  in  different  positions. 

After  the  piles  are  made  in  this  manner  they  shall  be  cut  and  placed 
in  blocks  as  provided  by  the  general  election  law.  (1907,  ch.  109,  §  15, 
R.  C.  1905,  §  572;  1905,  ch.  109,  §  14.) 

§  866.  LIST  OF  OFFICERS  TO  BE  NOMINATED.  The  secretary 
of  state  shall  between  the  first  day  of  April  and  the  first  day  of  May, 
in  such  year,  direct  and  cause  to  be  delivered  to  the  county  auditor  of 
each  county,  a  notice  specifying  the  oflScers  to  be  nominated  under  this 
act,  whose  term  of  office  will  expire  between  the  first  Monday  in  De- 
cember and  the  first  Monday  in  March,  next  succeeding,  also  specifying 
the  several  officers  to  be  nominated  in  such  county  at  the  next  primary 
election.  The  auditor  to  whom  such  notice  is  delivered  shall  cause  notice 
of  the  same  to  be  given  as  provided  in  section  982.  (1907,  ch.  109,  §  16; 
E.  C.  1905,  §  574;  1905,  ch.  109,  §  16.) 

§  867.  PROVISIONS  OF  ELECTION  LAW  APPLICABLE.  Except- 
ing as  herein  otherwise  provided,  the  following  sections  of  chapter  8  of 
the  political  code  of  1905,  entitled  "Elections",  are  hereby  made  applicable 
to  primary  elections  and  primary  election  ballots,  under  this  act,  to-wit: 
605  (am'd  948),  606  (949),  607  (950),  608  (951),  609  (952),  610  (953), 
611  (954),  613  (956),  614  (957),  615  (958),  616  (am'd  959),  619  (964), 
620  (am'd  965),  621  (966),  622  (967),  623  (968), 624  (969), 630  (975), 
635  (980),  638  (am'd  983),  639  (984),  640  (985),  641  (986),  642  (987), 
643  (988),  644  (989),  645  (am'd  990),  646  (991),  647  (1005),  648  (1006), 
649  (1007),  650  (am'd  1008),  654,  (1012),  655  (1013),  656  (1014),  657 
(1015),  658,  (1016),  659  (1017),  660  (1018),  669  (1027),  671  (1029), 
672  (1030),  673  (1031),674  (1032),  681  (1039),  682  (1040),  683  (1041), 
684  (1042),  685  (1043),  686  ((1044),  687  (1045),  688  (1046),  689  (1047), 
690   (1048),  691   (1049),  692    (1050),  693    (1051),  694   (1052),  695    (1053), 


ELECTION   LA\yS   OF   NORTH    DAKOTA  127 

696   (1054),  697    (1055),  698   (1056),  699   (1057),  and  700   (1058).      (1907, 
ch.  109,  §  17;  R.  C.  1905,  §  576;  1905,  ch.  109,  §  17.) 

The  figures  in  brackets  are  the  numbers  of  the  sections  in  this  compil- 
ation for  the  Revised  Codes  sections. 

Contest  must  be  initiated  by  serving  upon  contestee,  within  ten  days  after 
compilation  of  canvass  of  ballots,  aflBdavit  of  contest,  setting  forth  grotmds 
therefor.     Olesen  v.   Hoge,  23  N.   D.  648,  137  N.   W.  826. 

See  Lew  v.  Montgomery,  31  N.  D.  1,  148  N.  W.  663. 

§  868.  TALLY  BOOKS.  ARRANGEMENTS  OF  NAMES.  Two  tally 
books  or  two  sets  of  tally  sheets  shall  be  provided  for  each  political  party 
or  principle,  having  candidates  to  be  voted  for,  at  each  voting  precinct, 
the  same  to  be  furnished  by  the  county  auditor,  at  the  same  time  and  in 
the  same  manner  that  the  poll  books  and  ballots  are  furnished.  The 
names  of  the  candidates  shall  be  placed  on  the  tally  sheets  in  the  order 
in  which  they  appear  on  the  oflBcial  sample  ballot,  and  in  each  case  shall 
have  the  proper  party  designation  at  the  head  thereof.  (1907,  ch.  109, 
5  18;  R.  C.  1905,  §  577;  1905,  ch.  109,  §  18). 

§  869.  POLLS,  OPEN  WHEN.  CANVASS.  The  polls  shall  be  opened 
at  nine  o'clock  A.  M.  and  remain  open  continuously  until  nine  o'clock  P.  M. 
When  the  polls  are  closed  the  judges  and  inspectors  of  such  primary 
election  shall  open  the  ballot  boxes,  count  the  ballots  and  compare  the 
same  with  the  clerk's  lists,  and  should  any  irregularities  appear  they  shall 
proceed  as  now  provided  by  law.  \STien  the  ballots  compare  with  the 
clerk's  lists  they  shall  proceed  to  canvass  and  place  those  of  each  i)olitical 
party  in  separate  piles.  The  tally  of  the  votes  shall  be  separate  for  each 
political  designation  or  principle  and  so  returned  by  the  judges  and  in- 
spectors of  election,  giving  the  full  vote  for  every  candidate.  The  men's 
and  women's  votes  shall  be  kept  separately  and  so  returned  by  the  judges. 
The  county  canvassing  board  shall  aggregate  these  for  the  candidates 
voted  for.  (1919,  ch.  119,  §  1;  1907,  ch.  109,  §  19;  R.  C.  1905,  §  578; 
1905,  ch.  109,  §  19.) 

§  870.  RETURNS.  The  judges  of  such  primary  election  in  each 
precinct  shall  make  a  statement  on  blanks  to  be  provided  for  that  pur- 
pose, which  shall  be  subscribed  by  them  and  filed  in  the  office  of  the 
county  auditor  with  the  returns  as  follows :  They  shall  contain  the  names 
of  all  persons  voted  for  at  the  primary  election,  with  the  number  of 
votes  cast  for  each  candidate  and  for  what  office.  A  separate  statement 
shall  be  made  for  each  political  party  or  principle.  (1907,  ch.  109,  §  20; 
R.  C.  1905,  §  579;  1905,  ch.  109,  §  20.) 

See  Walton  v.  Olson,  40  N.  D.  571—170  N.  W.   107. 

§  871.  POLL  LISTS  DELIVERED  TO  BOARDS  OF  REGISTRA- 
TION. Clerks  of  primary  elections  shall  keep  a  list  of  the  names  of  all 
persons  voting  at  said  election,  and  shall  return  one  list  as  now  re- 
quired and  one  tally  sheet  that  shall  be  a  part  of  the  record,  and  deliver 


128  STATE  OF  NORTH  DAKOTA 


the  Other  list  to  the  board  of  registration  within  thirty  days  following 
any  primary  election.  No  registration  of  voters  shall  be  required  under 
this  article  to  vote  at  any  primary  election.  The  poll  list  so  kept  at  a 
primary  election  and  delivered  to  the  boards  of  registration  shall  take  the 
place  of  the  first  registration  of  the  voters  now  required,  and  notice  only 
shall  be  given  of  the  date  of  the  second  day  of  registration,  which  shall  be 
held  and  conducted  as  now  provided,  and  no  other  shall  be  require^  to 
vote  at  the  general  election  following.  (1907,  ch.  109,  §  21;  R.  C.  1905, 
§  580;  1905,  Ch.  109,  §  21.) 

The  provision  in  this  section  that  no  registration  of  voters  is  required, 
and  that  the  poll  list  shall  take  the  place  of  the  first  registration  of  voters  was 
held  invalid  as  being  in  conflict  with  section  61  of  the  state  constitution, 
because  it  is  an  attempt  to  amend  the  registration  law,  which  is  a  subject  not 
embraced  in  the  title  of  the  act.  Fltzmaurice  v.  Willis,  20  N.  D.  372,  127 
N.  W.  95,  following  State  v.  Drexel,  74  Neb.  776,  105  N.  W.  174;  State  ex 
rel.   Miller  v.   Flaherty,  23  N.  D.   313,  41  L.  R.  A.   (N.   S.)  132,  136  N.   W.  76. 

Constitutionality  of  primary  election  laws.  22  L.  R.  A.  (N.  S.)  1136; 
41  L.  R.  A.   (N.  S.)  132. 

§  872.  COUNTY  CANVASSING  BOARD.  The  county  canvassing 
board  shall  be  composed  of  the  clerk  of  the  district  court,  county  auditor, 
chairman  of  the  board  of  county  commissioners  and  the  chairman  of  the 
county  committee  of  the  two  political  parties  that  cast  the  highest  votes 
for  governor  at  the  preceding  general  election.  The  members  of  said  board 
shall  meet  in  the  county  auditor's  oflSce  in  the  court  house  at  ten  o'clock 
on  the  eighth  day  after  any  primary  election,  arid  shall  proceed,  after 
taking  the  usual  oath  of  office,  to  open  and  publicly  canvass  the  primary 
election  returns  made  to  the  county  auditor.  Any  three  members  of  said 
board  shall  constitute  a  quorum  and  are  authorized  to  make  the  canvass 
therein  provided  and  to  certify  to  the  results  thereof.  (1907,  ch.  109,  §  22; 
R.  C.  1905,  §  582;  1905,  ch.  109,  §  22.) 

Mandamus  to  compel  election  officers  (to  act  after  they  have  met  and  ad- 
journed.   36  L.  R.  A.  (N.  S.)  1089. 

§  873.  STATEMENT  OF  CANVASSING  BOARD.  CONTESTS.  The 
canvassing  board  shall  make  and  prepare  a  statement,  the  same  to  be 
signed  by  said  board  and  filed  in  the  office  of  the  county  auditor,  as 
follows : 

First.  A  statement  containing  the  names  of  all  candidates  voted  for 
at  the  primary  election,  with  the  number  of  votes  received  by  each  and 
for  what  office,  said  statement  to  be  made  as  to  each  political  party  or 
principle  separately. 

Second.  A  statement  of  the  names  of  the  persons  or  candidates  of 
each  political  party  who  are  nominated,  to-wit:  those  i)ersons  or  can- 
didates of  such  political  party  or  principle  who  received  the  highest  num- 
ber of  votes  for  the  respective  office,  and  where  there  is  more  than  one 


ELECTION   LAWS  OF   NORTH   DAKOTA  129 

person  to  be  elected  to  a  given  office  at  the  ensuing  general  election  there 
shall  be  included  in  said  statement  of  nomination  the  names  of  so  many 
candidates  of  such  party  receiving  the  next  highest  number  of  votes  for 
that  office  as  there  are  persons  to  be  elected  to  such  office  at  said  ensuing 
general  election.  Said  statement  shall  in  like  manner  be  made  separately 
as  to  each  political  party. 

Third.  A  statement  of  the  whole  number  of  electors  registered  and 
the  number  of  ballots  cast,  men  and  women  separately,  at  such  primary 
election. 

Fourth.  A  separate  statement  shall  be  made  of  the  votes  cast  for 
United  States  senator,  member  of  congress,  state  officers,  judges  of  the 
supreme  and  district  courts  and  members  of  the  legislative  assembly, 
which  shall  be  transmitted  to  the  secretary  of  state  as  provided  in  this 
article. 

Fifth.  It  shall  be  the  duty  of  the  county  auditor  upon  the  completion 
of  the  canvass  to  mail  or  deliver  in  person  to  each  candidate  so  nomin- 
ated for  any  county  or  district  office  a  notice  of  such  fact  and  that  his 
name  will  be  put  upon  the  official  ballot,  except  as  otherwise  provided. 
He  shall  also  cause  a  copy  of  the  finding  of  said  board  to  be  published  in 
the  official  newspaper  of  the  county.  (1907,  ch.  109,  §  23;  R.  C.  1905, 
5  583;  1905,  ch.  109,  §  23.) 

Ballots  of  each  party  should  be  canvassed  separately  and  a  separate  declar- 
ation of  the  restxlt  of  the  primary  election  made  by  the  canvassing  board  as  to 
each  political  party.  Walton  v.  Olson,  40  N.  D.  571,  170  N.  W.  107. 

§  874.  ABSTRACT  OF  VOTES  TRANSMITTED  TO  SECRETARY 
OF  STATE.  It  shall  be  the  duty  of  the  County  Auditor  of  each  county, 
under  his  official  seal,  excepting  as  provided  in  Section  875  of  this  Article, 
to  return  to  the  Secretary  of  State  within  twenty  (20)  days  after  the 
day  of  any  primary  election,  a  certified  abstract  under  separate  political 
designation  or  principle,  of  the  number  of  votes  cast  in  his  county  for 
every  candidate  for  nomination  for  United  States  Senator,  member  of 
Congress,  state  officers,  judges  of  the  supreme  and  district  courts  and 
members  of  the  legislative  assembly.  It  shall  also  be  the  duty  of  the 
County  Auditor  to  file  with  the  Secretary  of  State  a  certificate  showing 
the  names  and  addresses  of  the  persons  nominated  under  the  several 
iwlitical  designations  and  principles  for  county  office  in  his  county.  He 
shall  seal  up  such  abstracts  and  certificates  without  delay  and  transmit 
them  to  the  Secretary  of  State  by  registered  mail.  (1915,  Ch.  149;  1907, 
ch.  109,  §  24;  R.  C.  1905,  §  584;  1905,  ch.  109,  §  24.) 

§875.  TWO  OR  MORE  COUNTIES  IN  DISTRICT.  When  two  or 
more  counties  are  embraced  in  one  legislative  district  the  respective  county 
auditors  shall  attend  at  the  office  of  the  county  auditor  of  the  senior  county  of 
such  district  within  15  days  after  primary  election,  and  in  conjunction  with 


130  STATE  OF  NORTH  DAKOTA 

the  auditor  of  the  senior  county  shall  compare  the  votes  cast  in  the  several 
counties  comprising  such  district  and  such  auditors  shall  immediately  make 
out  certificates  of  nomination  for  the  persons  of  such  political  party  or  prin- 
ciple having  the  highest  number  of  votes  in  such  district  for  members  of  the 
legislative  assembly,  as  provided  in  section  874  of  this  article,  which  certificate 
of  nomination  shall  be  forwarded  without  delay  to  the  secretary  of  state 
by  registered  mail  by  the  county  auditor  of  the  senior  county,  who  shall 
give  notice  in  writing  to  all  the  members  of  the  legislative  assembly 
nominated  in  such  district.  (1907,  ch.  109,  §  25;  R.  C.  1905,  §  585;  1905, 
ch.  109,  §  25.) 

§  876.  STATE  BOARD  OF  CANVASSERS.  For  the  purpose  of  can- 
vassing and  ascertaining  the  result  of  any  primary  election  the  State 
Board  of  Canvassers  shall  meet  at  the  office  of  the  Secretary  of  State 
within  thirty  days  next  following  a  primary  election,  and  be  composed 
of  the  following  members,  viz:  Clerk  of  the  Supreme  Court,  Secretary 
of  State,  Superintendent  of  Public  Instruction,  and  the  chairman  of  the 
State  Central  Committee  of  the  two  political  parties  that  cast  the  highest 
vote  for  Governor  at  the  last  general  election.  After  taking  the  usual 
oath  of  oflQce,  the  said  board  shall  proceed  to  canvass  publicly  the  primary 
election  returns  made  by  the  several  County  Auditors.  Three  members 
of  said  board  shall  constitute  a  quorum  and  are  authorized  to  make  the 
canvass  herein  provided  and  to  certify  the  result  thereof.  (1915,  ch.  149; 
1907,  ch.  109,  §  26;  R.  C.  1905,  §  582;  1905,  ch.  109,  §  22.) 

§  877.  STATEMENT  BY  STATE  BOARD.  The  state  board  of  can- 
vassers shall  make  and  prepare  a  statement,  the  same  to  be  signed  by 
said  board  and  filed  in  the  oflBce  of  the  secretary  of  state  as  provided  in 
subdivisions  1,  2  and  3  of  section  873  of  this  article.  It  shall  be  the  duty 
of  the  secretary  of  state  upon  the  completion  of  the  canvass  to  mail  to 
each  candidate  so  nominated  a  notice  of  such  fact,  and  that  his  name  will 
be  put  upon  the  ofiicial  ballot  to  be  voted  for  at  the  ensuing  general 
election,  except  as  otherwise  provided.  He  shall  cause  a  copy  of  findings 
of  the  said  board  to  be  filed  in  his  office  and  published  in  a  newspaper 
printed  at  the  seat  of  government.     (1907,  ch.  109,  §  27.) 

See  section  974. 
See  note  to  873. 

§  878.  OFFICIAL  BALLOT,  NAMES  PLACED  THEREON.  The 
secretary  of  state  shall  place  the  names  of  all  the  candidates  of  each 
political  party  or  principle,  who  are  shown  to  have  been  nominated  for 
the  respective  oflSces  in  accordance  with  the  certificates  of  nomination  re- 
ceived from  the  several  county  auditors  of  this  state  on  the  official  ballot 
to  be  voted  for  at  the  general  election  following.     (1907,  ch.  109,  §  28.) 

§  879.  VACANCIES,  HOW  FILLED.  When  there  is  but  one  aspirant 
and  a  vacancy  occurs  by  death  or  resignation  of  such  aspirant  for  nom- 


ELECTION   LAWS   OF   NORTH    DAKOTA  13f 


ination  before  the  primary  election  and  ballots  are  printed  in  legislative 
districts  containing  more  than  one  county,  the  chairman  of  the  party  in 
which  such  vacancy  occurs,  of  each  county  committee  of  the  counties  of 
which  such  district  is  composed  and  the  member  of  the  state  central  com- 
mittee from  that  legislative  district  shall  meet  and  by  a  majority  vote 
of  such  shall  fill  such  vacancy  and  by  a  certificate  of  nomination  notify 
the  county  auditors  of  the  several  counties  of  which  such  district  is  com- 
posed, and  the  auditors  of  such  counties  shall  place  the  name  on  the 
primary  election  ballots  where  the  vacancy  exists.  Should  a  vacancy 
occur  in  a  legislative  olffice  in  a  county  composed  of  more  than  one  dis- 
trict, or  in  a  commissioner's  district,  then  the  county  central  committee 
of  the  party  in  which  such  vacancy  occurs  shall  meet  and  fill  such 
vacancy.  On  receipt  of  a  certificate  of  nomination  from  said  committee, 
the  county  auditor  shall  place  the  name  of  such  nominee  upon  the  primary 
election  baUot  where  such  vacancy  exists.  (1907,  ch.  109,  §  29;  R.  C.  1905, 
§  586;  1905,  ch.  109,  §  26.) 

When  does  yacapcy  in  party  ticket  occur  within  statute  authorizing  filling 
of  vacancies.    41  L.  R.  A.  (N.  S.)  1088. 

• 

§  880.  ERRORS,  HOW  CORRECTED.  Whenever  it  shaU  be  made 
to  appear  by  aflSdavit  to  the  supreme  court  or  to  the  district  court  of  the 
proper  county,  that  an  error  or  omission  has  occurred  or  is  about  to 
occur  in  the  placing  of  any  name  on  an  oflScial  primary  election  ballot; 
that  any  error  has  been  or  is  about  to  be  committed  in  printing  such 
ballot,  or  that  any  wrongful  act  has  been  or  is  about  to  be  done  by  any 
judge  or  clerk  of  a  primary  election,  county  auditor,  canvassing  board, 
member  thereof,  or  other  i)erson  charged  with  any  duty  concerning  the 
primary  election;  or  that  any  neglect  of  duty  has  occurred  or  is  about  to 
occur,  such  judge  shall  order  the  officer  or  person  charged  with  such 
error,  wrong  or  neglect  to  forthwith  correct  the  error,  desist  from  the 
wrongful  act,  or  perform  the  duty,  or  show  cause  at  a  time  and  place  to 
be  fixed  by  the  court  why  he  should  not  do  so.  Failure  to  obey  the  order 
of  such  judge  shall  be  contempt  of  court.     (1907,  ch.  109,  §  30.) 

§  881.  NOMINATIONS,  HOW  CONTESTED.  APPEAL.  Any  can- 
didate at  a  primary  election  desiring  to  contest  the  nomination  of  an- 
other candidate  or  candidates  for  the  same  office,  may  proceed  by  affidavit 
within  ten  days  after  the  completion  of  the  canvass.  In  case  the  con- 
testant shall  set  forth  in  his  affidavit,  upon  information  and  belief,  that 
the  ballots  in  any  precinct  have  not  been  correctly  counted,  and  that  he 
has  been  prejudiced  thereby,  the  judge  shall  make  an  order  requiring 
the  custodian  of  such  ballots  to  appear  before  him  at  such  time  and  place, 
and  abide  the  further  order  of  the  court.  At  the  time  and  place  stated, 
the  ballot  boxes  shall  be  opened  and  the  ballot  recounted  in  the  presence 
of  the  court.  If  it  should  be  found  that  a  mistake  has  been  made  in 
coxmting  such  ballots,  then  the  contestant  shall  be  permitted  upon  appli- 


132  STATE  OF  NORTH  DAKOTA 

cation,   to   amend   his   affidavit   of  contest   by   including   such   additional 
facts  therein. 

All  testimony  and  depositions  taken  in  contests  brought  under  the 
provisions  of  this  article  shall  be  taken  in  the  same  manner  as  in  civil 
actions  and  depositions  may  be  taken  in  more  than  one  place  at  the  same 
time  on  leave  of  the  court,  and  all  matters  relating  to  such  contests  shall 
be  heard  and  tried  as  nearly  as  may  be  as  civil  actions  are  tried,  except 
as  otherwise  provided  herein.  The  court  shall  make  its  findings  of  fact 
and  conclusions  of  law.  Appeals  from  final  judgment  and  decisions  of 
such  contests  may  be  taken  without  making  a  motion  for  a  new  trial  in 
the  district  court  in  the  manner  provided  for  in  the  code  of  civil  procedure, 
except  that  the  undertaking  on  appeal  shall  be  in  a  sum  to  be  fixed  by 
the  judge  not  less  than  Five  hundred  dollars,  and  shall  be  approved  by  the 
judge,  and  by  the  clerk  of  the  district  court  of  the  proper  county  or 
subdivision  imder  the  directions  of  the  judge. 

Appeals  to  the  supreme  court  under  the  provisions  of  this  article 
must  be  taken  within  ten  days  after  notice  of  entiT  of  final  judgment 
and  the  party  appealing  mustf  immediately  procure  the  transmission  of 
the  record  on  such  appeal  to  the  clerk  of  the  supreme  court  and  such 
appeal  may  be  brought  on  for  hearing  before  the  supreme  court  at  any 
time  such  court  shall  be  in  session,  upon  five  days'  notice  from  either 
party;  and  the  same  shall  be  heard  and  determined  in  a  summary  man- 
ner, except  as  otherwise  provided  in  this  article.  The  provisions  of  the 
code  of  civil  procedure  are  applicable  to  and  constitute  the  rules  of 
practice  in  the  proceedings  mentioned  in  this  article  and  the  provisions 
of  the  civil  code  of  procedure  relative  to  appeals  in  civil  actions,  except 
in  so  far  as  they  are  inconsistent  herewith  apply  to  the  proceedings  men- 
tioned in  this  article.     (1907,  ch.  109,  §  31.) 

Authorizes  a  contest  in  the  district  court  between  aspirants  for  nomination 
as  candidate  for  the  office  of  members  of  the  legislative  assembly.  Lew  v. 
Montgomery,  31  N.  D.  1,  148  N.  W.  662. 

Notice  of  contest  must  be  served  within  ten  days  after  the  coimty  can- 
vassing board  has  completed  and  officially  declared  the  result  of  the  canvass 
of  the  votes  of  the  particular  party  on  whose  ticket  the  contestant  seeks  nom- 
ination.    Walton  V.  Olson,  40  N.  D.  571,  170  N.  W.  107. 

Does  not  apply  to  an  election  which  merely  amounts  to  an  expression  of 
preference  of  location  of  county  seat  preliminary  to  final  vote  at  general  election. 
Cahill  V.  McDowell,  40  N.  D.  625,  169  N.  W.  499. 

Contest  must  be  initiated  by  serving  upon  contestee,  within  ten  days  after 
completion  of  canvass  ballots,  affidavit  of  contest  setting  forth  grounds  there- 
for.    Olesen  v.  Hoge,  23  N.  D.  648,  137  N.  W.  826. 

§  882.  PRESENT  ELECTION  STATUTES  APPLY.  The  provisions 
of  the  statutes  now  in  force  in  relation  to  the  holding  of  elections,  the 
solicitation  of  votes,  the  manner  of  conducting  elections,  or  counting  the 
ballots  and  making  return  thereof,  and  all  other  kindred  subjects  shall 
apply  to  all  primaries  in  so  far  as  they  are  consistent  with  this  article, 


ELECTION  LAWS  OF  NORTH   DAKOTA  135 

the  intent  of  this  article  being  to  place  the  primary  election  under  the 
regulation  and  protection  of  the  laws  now  in  force  as  to  election.  (1907, 
ch.  109,  §  32.) 

§  883.  TIE  VOTE,  DETERMINED  HOW.  In  case  of  a  tie  vpte,  the 
same  shall  be  determined  by  the  canvassing  board  or  boards  concerned,  at 
a  time  and  place  fixed  by  them  in  such  manner  as  they  may  designate 
in  the  presence  of  the  candidate  upon  at  least  five  days'  notice  to  such 
candidate.     (1907,  ch.  109,  §  33.) 

§  884.  NOT  REPEALED.  Nothing  herein  contained  (sections  851- 
890)  shall  be  construed  as  repealing  or  being  in  conflict  with  section  795. 
(1907,  ch.  109,  §  34.) 

Reference  should  be  to  section  501  of  the  Revised  Codes  of  1899  and  leaves  it 
in  fuU  force  and  eflect.  State  v.  BlaisdeU,  17  N.  D.  575,  118  N.  W.  225,  State 
V.  BlaisdeU,  20  N.  D.  622,  127  N.  W.  720,  State  v.  Hall,  37  N.  D.  259,  163  N. 
W.    1055. 

§  885.  FEES  PAID  COUNTY.  All  fees  paid  to  the  secretary  of  state 
by  candidates  for  the  legislative  assembly  shall  be  paid  by  the  secretary 
of  state  forthwith  to  the  various  County  auditors  in  the  state  where  such 
candidates  reside  and  in  case  any  legislative  district  is  composed  of  more 
than  one  county  such  fee  shall  be  paid  to  such  counties  in  equal  proportions 
and  which  fees  are  to  be  turned  into  the  general  fund  of  said  county  by 
the  auditor.     (1907,  ch.  109,  §  35.) 

§  886.  ACT  VALID.  In  case  any  of  the  provisions  of  this  act  (sec- 
tions 851-890)  should  be  declared  unconstitutional  that  shall  not  affect 
the  validity  of  any  of  the  other  provisions  of  thib  act.  (Sections  851- 
890),    (1907,  ch.  109,  §  36.) 

§  887.  PENAL  CODE  APPLICABLE.  All  of  the  provisions  of 
chapter  5  of  the  penal  code  (sections  9250-9294  herein)  in  so  far  as  the 
same  relates  to  crimes  against  the  elective  franchise,  are  hereby  made 
applicable  to  elections  held  pursuant  to  the  provisions  of  this  act.  (Sec- 
tions 851-890.)  (1907,  ch.  109,  §  37 :  R.  C.  1905,  §  594;  1905,  ch.  109, 
§  34.) 

§  888.  PRESENT  COMMITTEES  CONTINUE.  Every  state,  county, 
district  and  city  committee  of  each  political  party  now  eligible  under  the 
provisions  of  this  act  (sections  851-890)  shall  remain  the  regularly  con- 
stituted committee  of  the  respective  parties  until  succeeded  as  provided 
for  in  this  act.  (Sections  851-890.)  (1907,  ch.  109.  §  38;  R.  C.  1905, 
§  595;  1905,  ch.  109.  §  35.) 

g  889.  PRECINCT  COMMITTEEMEN.  HOW  ELECTED.  At  the 
pri(nary  each  voter  may  write  in  the  space  left  on  this  ticket  for  that 
purpose  the  name  of  one  qualified  elector  who  is  a  member  of  his  own 
party  and  a  resident  of  his  precinct,  and  the  one  receiving  the  highest 
number  of  votes  shall  be  the  precinct  committeeman.  The  official  re- 
turns made  by  the  election  board  from  each  precinct  shall  show  the  name 


134  STATE  OF  NORTH  DAKOTA 

and  address  of  such  precinct  committeeman  thus  chosen  by  each  party. 
Upon  the  canvass  of  the  returns  the  county  auditor  shall  immediately 
notify  in  writing  each  precinct  committeeman  so  selected,  together  with 
those  provided  for  in  section  890  of  this  article,  of  their  selection  and  the 
date  of  the  meeting  of  the  county  central  committee.  (1907,  ch.  109, 
§  39.) 

See  Opinions  of  the  Attorney  General,  No.  29. 

§  890.  COUNTY  AND  STATE  COMMITTEE.  HOW  SELECTED. 
TIME  AND  PLACE  OF  MEETING.  The  county  committee  of  each  party 
shall  be  composed  of  all  the  precinct  committeemen  of  each  party,  and 
the  legislative  nominees  residing  in  such  county  shall  be  entitled  to  select 
and  appoint  in  writing  one  committeeman  at  large,  which  appointment 
shall  be  immediately  filed  with  the  County  Auditor.  The  committeeman 
thus  appointed,  together  with  the  precinct  committeman  elected  as  pre- 
scribed in  Section  889,  shall  constitute  the  county  committee  of  each 
county,  and  they  shall  meet  in  the  court  house  at  the  county  seat  of  each 
county  at  two  o'clock  p.  m.,  on  the  third  Wednesday  after  each  primary 
election  and  organize  by  selecting  a  chairman,  a  secretary,  and  a  treasurer, 
by  adopting  rules  and  modes  of  procedure,  and  by  selecting  an  executive 
committee  consisting  of  from  five  to  nine  persons  chosen  from  the  county 
committee,  of  which  executive  committee  the  chairman  and  secretary  shall 
be  members.  Such  county  committee  shall  at  the  same  time  select  one 
person  who  shall  be  a  legal  voter  to  act  upon  and  be  a  member  of  the 
State  Central  Committee  of  such  party  in  all  counties  consisting  of  one 
legislative  district,  and  in  counties  having  more  than  one  legislative  dis- 
trict, the  precinct  committeemen  from  each  legislative  district  shall  select 
one  person  from  their  respective  legislative  district;  and  when  two  or 
more  counties  are  embraced  in  one  legislative  district;  and  the  county 
committee  of  each  county  shall  meet  at  the  court  house  of  the  county  seat 
of  the  senior  county  of  such  district  at  two  o'clock  p.  m.  on  the  fourth 
Wednesday  after  such  primary  election,  and  select  one  person,  who  shall 
be  a  legal  voter  to  act  upon  and  be  a  member  of  the  State  Central  Com- 
mittee of  such  party.  The  members  so  selected  as  state  central  com- 
mitteemen shall  meet  at  the  State  Capitol  on  the  first  Wednesday  in 
September  and  organize  by  selecting  a  chairman,  a  secretary,  and  treas- 
urer, and  shall  adopt  rules  and  modes  of  procedure  and  promulgate  and 
publish  a  platform  of  principle  upon  which  its  candidates  shall  stand 
Each  member  of  any  committee  shall  retain  such  position  until  his  suc- 
cessor is  chosen.  Each  member  so  selected  shall  be  a  legal  voter.  Vacan- 
cies shall  be  filled  by  a  majority  of  the  committee  by  appointment  from 
the  district  in  which  such  vacancy  exists.  (1919,  ch.  118;  1907,  ch.  109, 
§  40 ;  R.  C.  1905.  §  596 ;  1905,  ch.  109,  §  36.   ;> 

Chairman  of  state  central  committee  need  not  be  a  member. 
The  majoritj  of  the  members  of  a  political  state  central  <»mmittee  has  the 
inherent  power  to  depose  or  elect  a  chairman  at  any  time. 


ELECTION   LAWS   OF   NORTH    DAKOTA  135 

The  right  to  use  proxies  still  prevails.     State  v.  McLean,  35  N.  D.  203,  159 
N.  W.  847. 

§  898.  USAGE  AND  CUSTOMS  PREVAIL.  It  is  not  the  intention 
hereof  to  destroy  or  impair  the  organization  of  any  party  or  principle  now 
existing  or  hereafter  to  exist,  therefore,  each  of  such  parties  or  principles, 
and  each  and  all  of  the  state,  county,  and  other  committees  thereof  shall 
possess  all  of  the  ordinary  powers  and  authority  heretofore  established 
by  the  usage  and  customs  of  such  parties  not  inconsistent  with  any  of 
the  provisions  hereof.      (R.  C.  1905,   §  597;  1905,  ch.  109,   §  37.) 


Omitted— Sections   891,  892,  893,  894,   895,  896,  897  relating   to  partisan  nom- 
ination for  municipal  office — apparently  superseded  by  section  902-903. 


ARTICLE  2.— REGULATING  CAUCUSES  AND  NOMINATIONS  FOR 

OFFICE  WHERE  PRLMARY  ELECTION  PROVISIONS 

DO  NOT  APPLY. 

§  898a.  DELEGATES  ELECTED  BY  BALLOT.  REPRESENTA- 
TION. NOTICE.  All  delegates  to  an  assembly  or  convention  shall  be 
elected  by  ballot  at  a  caucus  to  be  held  for  such  purpose.  The  basis  of 
representation  of  delegates  to  an  assembly  or  convention  shall  be  fixed  and 
determined  by  the  authorized  county  committee  of  each  political  party  en- 
titled by  law  to  make  nominations  for  oflSce  by  delegate  convention;  and 
such  county  committee  shall  divide  the  county  into  caucus  precincts  and 
establish  the  boundaries  of  the  same  which  caucus  precincts  shall  be  as 
nearly  as  practicable  the  same  as  the  established  voting  precincts  in  its 
county.  Public  printed  or  posted  notice  of  the  time  and  place  of  holding 
such  caucus  shall  be  given  at  least  ten  days  before  holding  the  same. 
Such  notice  shall  contain  a  brief  statement  of  the  object  of  the  caucus, 
and  the  length  of  time  the  polls  shall  be  kept  open,  and  shall  be  signed 
by  the  chairman  and  secretary  of  such  committee.  (1899,  §  497a;  1899, 
ch.  38,  §§  1,  2  and  3.) 

§  899.  WHEN  CAUCUS  HELD.  CERTIFICATES.  All  caucuses 
shall  be  held  between  the  hours  of  two  o'clock  p.  m.  and  nine  o'clock  p.  m., 
and  the  polls  shall  be  kept  open  at  least  one  hour.  The  electors  present 
at  such  caucus  shall  at  the  oi>ening  of  the  i>olls  elect  by  viva  voce  vote 
a  chairman  and  clerk  of  such  caucus,  whose  jwwers  and  duties  shall  be 
the  same  as  the  powers  and  duties  of  judge  and  clerk  of  election,  respec- 
tively, in  so  far  as  the  same  shall  be  applicable.  The  chairman  and  clerk 
of  such  caucus  shall  at  the  close  of  the  polls  immediately  canvass  the 
ballots  cast  for  delegate  or  delegates  and  shall  issue  certificate  of  election 
to  each  delegate  who  shall  receive  a  plurality  of  all  the  votes  cast  at 
such  caucus.     Such  certificate  shall  be  signed  by  said  chairman  and  clerk. 


136      - STATE  OF  NORTH  DAKOTA 

(R.   C.   1905,    §  598;    1899,   ch.   38,    §  4,  5,   6;   R.    C.    1899.    §  479b;    1901, 
ch.  47.) 

§  900.  DUTY  OF  CLERK.  It  shall  be  the  duty  of  the  clerk  of  such 
caucus  to  carefully  keep  and  preserve  the  record  of  the  caucus,  which 
shall  mclude  a  list  of  the  names  of  each  person  voting  at  the  said  caucus, 
for  six  months,  and  he  shall  at  any  time  within  said  six  months  furnish 
a  certified  copy  of  the  record  of  such  caucus  upon  the  request  of  the 
chairman  of  the  county  or  state  committee  of  the  political  party  which 
said  caucus  represented.  (R.  C.  1905,  §  599;  1899,  ch.  38,  §  7;  R.  C.  1899, 
§497c.) 

§  901.  PARTICIPATION  IN  MORE  THAN  ONE  CAUCUS  PRO- 
HIBITED. Any  person  who  shall  participate  directly  or  indirectly  in  the 
election  at  caucus  of  more  than  one  delegate  or  set  of  delegates  for  the 
nomination  of  each  ofl3ce  to  be  filled  shall  be  guilty  of  a  misdemeanor 
and  upon  conviction  thereof  shall  be  fined  in  a  sum  not  less  than  fifty  or 
more  than  two  hundred  dollars.  (R.  C.  1905,  §  GOO:  1899.  ch.  38,  §  8 ; 
R.  G.  1899,  §  497d.) 

§  901a.  NOMINATIONS,  HOW  MADE.  Any  assembly  or  convention 
of  delegates  held  for  the  purpose  of  making  nominations  to  public  oflice, 
(or  electors  to  the  number  hereafter  specified)  may  nominate  candidates 
for  public  office  to  be  filled  by  election  within  the  state.  Public  printed 
or  posted  notice  of  holding  such  assembly  or  convention  must  be  given 
at  least  six  days  before  the  holding  of  the  same.  Such  nomination  shall 
be  made  by  delivering  to  and  leaving  with  the  officer  charged  with  directing 
the  printing  of  the  ballots  upon  wiiich  the  name  is  to  be  placed,  within 
the  time  prescribed  herein,  a  certificate  of  nomination  for  each  candidate. 
An  assembly  or  convention  within  the  meaning  of  this  article  is  an  organ- 
ized assemblage  of  delegates  representing  a  political  party  or  principle 
which  cast  five  per  cent,  of  the  total  number  of  votes  cast  for  member 
of  congress  at  the  last  general  election.  (1905.  §  (>01 ;  1S91.  ch.  (>(),  §  2; 
1893,  ch.  60.  §  2 ;  R.  C.  1895,  §  498. ) 

A  political  convention  is  the  exclusive  judge  of  the  credentials  and  qualifi- 
cations of  persons  claiming  to  be  delegates  thereto.  State  v.  Lavik,  9  N.  D.  461, 
83  N.  W.  864. 

The  provision  of  sec.  601,  R.  C.  1905  that  to  enable  a  party  to  secure  rep- 
resentation on  the  Australian  ballot  at  the  general  election  it  must  have  cast 
S%  of  the  vote  at  the  next  preceding  general  election  was  for  years,  and  may 
now  be  in  force.  Its  validity  was  never  questioned  in  this  state.  State  v. 
Anderson,  18  N.  D.  157,  118  N.  W.  22. 

Section  498,  Revised  Codes  of  1899,  and  cognate  sections  ,»not  repealed  by 
primary  election  law.     State  v.  Hall,  2,7  N.  D.  259,  163  N.  W.  1055. 

What  (constitutes  a  regular  convention.  Action  of  convention  final.  State 
ex  rel.   Gronvold  v.  Porter,  11  N.  D.  309,  91  N.  W.  94V 

Convention  decides  political  questions.  No  appeal  from  action  of  convention 
to  court.     State  ex  rel  Buttz  v.  Livdahl,  11  N.  D.  320,  91  N.  W.  950, 

Determination  of  contest  by  state  central  committee  and  approved  by  con- 
vention, conclusive.     State  ex  rel.  Mitchell  v.  Larson,  13  N.  D.  420,  101  N.  W.  315  . 


ELECTION   LAWS   OF    NORTH    DAKOTA  137 


ARTICLE    3.— NONPARTISAN    NOMINATION   AND    ELECTION    OF 
MUNICIPAL  OFFICERS. 

§  902.  NO  PARTY  BALLOT.  In  all  petitions  to  be  filed  by  or  in 
behalf  of  candidates  for  nomination  to  a  public  oflBce  in  any  incorporated 
city,  town  or  village  in  this  state,  no  reference  shall  be  made  to  a  party 
ballot  or  to  the  party  aflBliation  of  such  candidates;  provided,  however,  it 
shall  be  allowed  any  such  candidate  to  state,  or  have  stated,  in  all  such 
petitions,  after  his  name,  in  not  more  than  twenty  words,  any  particular 
principle,  or  principles  of  local  administrative  policy  or  policies  he  stands 
for  and  seeks  election  to  promote.     (1913,  ch.  73,  §  1.) 

§  903.  NOMINATIONS,  HOW  MADE.  A  candidate  for  any  public 
office  in  an  incorporated  city,  town  or  village  may  be  nominated  by  filing 
with  the  city  auditor,  at  least  twenty  days  prior  to  the  holding  of  the 
election,  a  petition  signed  by  not  less  than  ten  per  cent,  of  the  qualified 
electors  residing  within  the  ward  or  precinct  in  and  for  which  such  officer 
or  officers  are  to  be  elected,  provided,  however,  th.t  in  cities  op^n-ating 
under  the  commission  plan  the  required  petition  may  be  signed  by  the 
electors  at  large  residing  within  such  city,  and  provided  further  that  in 
no  case  shall  more  than  three  hundred  signatures  be  required,  and  such 
signatures  may  be  on  separate  sheets  of  paper.  No  elector  shall  sign  more 
than  one  petition  for  the  same  office.  Each  signer  of  such  petition  shall 
add  to  his  name  his  post  office  address,  giving  the  street  and  number  of 
his  residence.  It  shall  be  the  duty  of  the  auditor  or  clerk  of  such  city, 
town  or  village,  as  the  case  may  be,  to  place  only  the  names  of  the  person 
or  persons  so  nominated  upon  the  ballot,  with  the  statement  after  or  oppo- 
site the  name  of  the  candidate,  of  the  principle  or  principles  which  he 
seeks  to  promote,  in  not  more  than  twenty  words  and  as  stated  in  the 
petition  or  petitions  filed  by  or  on  behalf  of  such  candidate,  and  in  such 
manner  as  to  readily  inform  the  voter  of  the  policy  or  policies  upon  which 
such  candidate  seeks  election ;  and  to  arrange  the  offices  upon  the  ballot  in 
the  order  in  which  they  are  named  in  the  statutes.  The  arrangement 
of  the  names  of  the  candidates  upon  the  ballot  shall  be  determined  by  the 
lot  by  such  auditor  or  clerk  in  the  presence  of  the  candidates  or  their  rep- 
resentatives at  noon  on  the  day  following  the  last  day  for  the  filing  of 
nomination  papers.     (1913,  ch.  73,  §  2.) 

See   Opinions  of  the   Attorney    General,   Nos.   30   to   36   inclusive. 

Omitted  sections  904.  905,  906,  relating  to  nonpartisan  judiciary— See  Ch. 
117,  S.  L.  1919. 

Omitted  sections  907,  908,  909,  relating  to  superintendent  of  public  in- 
struction and  schools— See  Ch.  117,  S.  L.  1919. 


ARTICLE   6.— PRIMARY   ELECTION   OF   NATIONAL   DELEGATES. 

§  910.     DELEGATES  TO  NATIONAL  CONVENTIONS,   PRESIDEN- 
TIAL   ELECTORS.   AND   NATIONAL   COMMITTEEMEN.     In    the  pfes- 


138  STATE  OF  NORTH  DAKOTA 

idential  election  years,  the  qualified  electors  of  the  political  parties  sub- 
ject to  this  law  shall  have  opportunity  to  vote  for  their  preference,  on 
ballots  provided  for  that  purpose,  for  their  choice  among  those  aspiring 
to  be  candidates  of  their  respiective  parties  for  president  and  vice-pres- 
ident of  the  United  States,  shall  have  (elect)  their  party  delegates  to 
their  national  conventions,  their  presidential  electors,  and  shall  nominate 
and  recommend  their  choice  for  national  committeemen.  The  names  of 
the  aspirants  in  each  such  party  for  election  for  the  ofiice  of  president, 
for  office  of  vice-president  of  the  United  States,  for  national  committee- 
fiaen,  for  delegates  to  their  national  conventions,  and  for  presidential  elec- 
tors, shall  be  printed  on  the  party  nominating  ballot,  provided  for  that 
purpose,  and  the  ballot  shall  be  marked  and  the  votes  shall  be  counted, 
canvassed  and  returned  under  the  same  conditions  as  to  names,  petitions 
and  other  matters  so  far  as  the  same  are  applicable,  as  the  names  and 
petitions  of  party  aspirants  for  the  party  nominations  for  the  oflice  of 
governor  and  of  the  United  States  senator  in  congress  are,  or  may  be  by 
law  required  to  be  marked,  filed,  counted,  canvassed,  and  returned ;  pro- 
vided, that  aspirants  for  such  presidential  nominations  need  not  file  any 
personal  petition  nor  signature ;  that  certificate  of  the  number  of  votes  re- 
ceived by  each  such  candidate  shall  be  issued  to  the  delegates  who  are 
elected  for  said  party  to  the  party  national  convention ;  that  petitions  to 
place  on  the  nomination  ballot  the  names  and  aspirants  for  such  office  or 
delegates  to  said  national  convention,  presidential  elector  and  national 
committeemen  to  be  chosen  and  elected,  as  provided  herein,  shall  be  suf- 
ficient if  they  contain  a  number  equal  to  one  per  cent,  of  the  party  vote 
in  the  state  at  the  next  preceding  election  for  representatives  in  congress, 
or  not  less  than  five  hundred  signatures  of  party  voters.  Every  qualified 
voter  shall  have  the  right  to  vote  for  as  many  candidates  for  national 
delegates  for  his  party  and  for  the  election  of  as  many  candidates  for 
presidential  electors  as  there  are  delegates  and  electors  to  be  elected 
respectively,  and  each  elector  shall  have  a  right  to  vote  for  one  candidate 
of  his  party  for  national  committeeman.  A  number  of  such  candidates 
(»qual  to  the  number  of  delegates  to  be  elected  and  the  number  of  pres- 
idential electors  to  be  elected  and  the  candidates  for  national  committee- 
man, receiving,  respectively,  each  for  himself,  the  highest  number  of  votes 
for  such  office  or  nomination,  shall  be  declared  elected.  (1911,  ch.  208, 
§  1.) 

Delegates  to  national  conventions  need  not  possess  the  constitutional  require- 
ments of  an  elector.    State  v.  Hall, N.  D ,  176  N.  W.  920. 

See  Opinions  of  the  Attorney  General,  Nos.  39  to  47  inclusive. 

§  911.  COUNTY  CANVASSING  BOARD.  On  the  eighth  day  after 
the  election  provided  for  herein,  the  county  canvassing  board  shall  meet 
as  provided  in  section  582  of  the  revised  codes  of  1905  (section  872  here- 
in), and  shall  canvass  the  returns  in  the  manner  now  provided  by  law. 
The  powers   and  duties  of  the  board  shall   be  the  same   in  so  far  as 


ELECTION   LAWS  OF   NORTH    DAKOTA  139 

applicable,  as  now  are  prescribed  by  law  for  canvassing  the  returns  of 
other  elections.     (1911,  ch.  208,  §  2.) 

§  912.  STATE  CANVASSING  BOARD.  For  the  purpose  of  as- 
certaining the  results  of  the  election  provided  for  in  this  article,  the  state 
canvassing  board  shall  meet  at  the  oflBce  of  the  secretary  of  state  (on 
the  first  Tuesday  in  May)  after  such  election  and  the  secretary  of  state 
shall  notify  the  other  members  of  the  board  of  canvassers  of  such  meet- 
ing.    (1911,  ch.  208,  §  3.) 

See  sec.  876  as  amended  by  ch.  149,  S.  L.  1915. 

§  913.  CANDIDATES  TO  FILE  PETITIONS.  AU  persons  desiring 
to  be  candidates  for  delegates  to  the  national  convention  of  their  party 
and  all  persons  desiring  to  be  candidates  for  presidential  electors  and  foi 
national  committeemen  of  their  party  shall,  not  later  than  the  first 
day  in  March  of  each  year,  when  a  presidential  election  will  take  place, 
file  with  the  secretary  of  state  their  petitions,  as  provided  herein.  (IS^l, 
ch.  208,  §  4.) 

§  914.  PREPARATION  AND  DISTRIBUTION  OF  BALLOTS; 
NOTICES  OF  ELECTION.  It  shall  be  the  duty  of  the  secretary  of  state 
immediately  after  the  first  day  In  March  of  each  year  in  which  a  presi- 
dential election  will  take  place,  to  prepare  and  print  ballots,  at  the  ex- 
pense of  the  state,  with  the  names  of  all  candidates  of  each  party  for 
the  offices  named  in  this  act.  In  printing  such  ballots  the  secretary  of 
state  shall  be  guided  by  the  provisions  of  law  now  in  force  relating  to 
the  preparation  and  printing  of  ballots  for  general  elections.  The  pro- 
visions of  the  general  election  law  applicable  relating  to  the  distribution  of 
ballots,  posting  of  sample  ballots  and  of  notices  of  the  election  shall 
apply  to  the  distribution  of  ballots,  posting  of  sample  ballots  and  of 
notices  of  the  election  herein  provided  for,  except  as  otherwise  required 
herein.  The  secretary  of  state  shall  distribute  the  ballots  among  the 
county  auditors,  who  in  turn  must  deliver  the  same  to  the  inspectors  of 
election  in  the  voting  precincts  of  their  respective  counties.  Notices  of 
the  election  provided  for  herein  shall  be  given  in  the  manner  prescribed 
by  law  for  giving  notices  of  city,  village  and  township  elections  in  such 
cities,  villages  and  townships  and  In  any  other  precincts,  notice  of  the 
election  shall  be  given  as  now  provided  by  law  for  general  elections. 
(1911,  ch.  208,  §  5.) 

§  915.  ELECTIONS  WHEN;  CONDUCT  OF  ELECTIONS;  CITY 
ELECTIONS  TO  CONFORM.  On  the  third  Tuesday  of  March  every  fourth 
year,  when  a  presidential  election  is  to  be  held,  the  members  of  the 
respective  political  parties  shall  express  their  choice  for  the  election  of 
the  persons  and  officers  named  In  this  article,  and  whose  names  appear 
upon  the  ballot  according  to  the  provisions  herein.  Each  elector  shall 
be  handed  the  ballot  of  the  party  with  which  he  declares  himself  affi- 
liated,  or   with   which   he  may  have   registered   at   the   last   preceding 


140  STATE  OF  NORTH  DAKOTA 


registration  or  election,  and  such  elector  shall  mark  and  vote  the  same  in 
the  manner  provided  herein.  The  polls  shall  be  open  during  the  same 
hours  as  at  general  election.  For  the  purpose  of  the  election  herein  pro- 
vided for,  in  all  cities,  villages  and  civil  townships  the  regular  election 
officers  thereof  shall  also  act  without  further  compensation  as  the  elec- 
tion officers,  and  in  unorganized  townships  and  voting  precincts  outside 
of  cities,  villages  and  civil  townships,  the  inspector  and  two  judges  of 
election,  who  acted  as  such  at  the  last  general  election,  or  those  who 
have  been  or  may  be  appointed  to  fill  such  vacancies  occuring  in  their  offices, 
pursuant  to  law,  shall  act  therein  as  the  inspector  and  judges  of  election. 
In  all  matters  not  herein  expressly  otherwise  provided  for  the  provisions 
of  any  election  law  of  this  state,  applicable  to  the  case,  shall  govern. 
In  every  fourth  year,  when  a  presidential  election  is  held,  the  time  of 
all  city  elections  shall  take  place  on  the  third  Tuesday  in  March  so  as 
to  conform  to  the  provisions  of  this  article,  and  in  such  event  the  city 
officers  elected  to  office  shall  have  until  the  second  Tuesday  of  April 
in  which  to  qualify  for  such  office.     (1911,  ch.  208,  §  6.) 

§  916.  EXPENSES  OF  DELEGATES.  OATH  OF  DELEGATES. 
Every  delegate  to  a  national  convention  of  a  political  party  recognized 
as  such  organization  by  the  laws  of  North  Dakota,  shall  receive  from 
the  state  treasurer  the  amount  of  his  actual  necessary  traveling  expenses, 
as  his  account  may  be  audited  and  allowed  by  the  secretary  of  state  or 
state  auditor,  for  actual  attendance  upon  said  convention,  but  not  in  any 
case  to  exceed  two  hundred  dollars  for  one  delegate.  The  election  of 
such  national  delegates  for  political  parties,  are  not  subject  to  the  direct 
primary  law  shall  be  certified  in  like  manner  as  nominations  of  can- 
didates of  such  parties  for  election  to  public  office.  Every  such  delegate 
to  a  national  convention  which  nominated  candidates  for  president  and 
vice-president  shall  subscribe  an  oath  of  office  that  he  will  uphold  the 
constitution  and  the  laws  of  the  United  States  and  North  Dakota,  and 
that  he  will,  as  such  officer  and  delegate,  to  the  best  of  his  judgment  and 
ability,  faithfully  carry  out  the  wishes  of  his  political  party  as  expressed 
by  the  voters  at  said  election.     (1911,  ch.  208,  §  7.) 

(1.    This  word  does  not   appear  in  the  printed  bill   and   its  insertion   is  ap- 
parently a  clerical  error.      Ed.) 

ARTICLE   7.— GOVERNING    PARTY   REGISTRATION. 

§  917.  PARTY  REGISTRATION  REQUIRED.  WHEN.  A  party 
registration  of  the  voters  in  the  respective  i)oliticaI  parties  shall  be  taken 
in  each  precinct  of  this  state  in  the  following  manner.  In  the  months 
of  April  and  May  of  each  even  numbered  year  in  which  a  primary 
election  is  held,  the  assessor  of  each  district  shall  at  the  time  he  makes 
his  assessment  of  the  real  and  personal  property  take  down  in  an  enroll- 
ment book  the  name  of  each  voter  in  his  district,  grouping  alphabetically 


ELECTION  LAWS  OF   NORTH   DAKOTA  141 

and  according  to  the  precinct  of  such  voters  in  substantially  the  following 
form: 

10    ,    County 

11 City 

Ward 

Election  Precinct 

Date    Enrolled     Name  P.  O.  Address       Age       Nativity       St  No.      Party 
Number  Affili- 

ation. 
And  also  have  each  voter  sign  and  swear  to  before  the  assessor  or 
notary  as  the  case  may  be  a  registration  blank  *'A"  which  shall  be  in  the 
f oUowng  form : 

State  of  North  Dakota 


County  of. 


I,  the  undersigned  elector,  do  solemnly  swear    (or  affirm)    that    my 
name  and  signature  as  signed  below  is  my  true  name  and  signature.     If 

I  have  not  personally  signed  it,  it  is  because 

and   it  was  signed  at  my  request  by   the  attesting   officer.     My  age  is 

years  and  occupation ;  nativity 

(naturalized  or  declared  by  intention  in Court,  in 

county,   state,  on 19.... 

as   appears   by   the   naturalization   papers   exhibited   herewith.)      Present 

residence  is  in  section township   

range   ,  County,  North  Dakota;  of   (if  city  or  town)   at 

No street,  in  the  city  of   ,  post 

office  address I  belong  to  the party ; 

that  I  have  resided  in  this  state  for  one  year  immediately  preceding  this 
election.    In  testimony  whereof  I  sign  my  name  two  times. 

(1)   (1)   

(2)    

Elector. 

NOTE.     "Verification  to  be  in  usual  form."     If  unable  to  sign,  let 
the  officer  write  his  name  and  so  state.     (1911,  ch.  213,  §  1.) 

An  elector  who  has  regristered  so  as  to  be  entitled  to  vote  at  a  primary 
election  by  designating  his  political  party  and  having  same  entered  on  the 
registry  cannot  subsequently  require  the  registry  agent  to  change  such  desig- 
nation.    State  V.  Keith,  Zl  Nev.  452,  142  Pac.  532,  Ann.  Cas.  1917  A  1276. 

That  part  of  affidavit  providing  for  proof  of  naturalization  unconstitutional. 

The  term  "elector"  as  used  in  the  statute  (sec.  917),  carries  into  the 
statute  the  constitutional  definition  of  an  elector.  State  v.  Flaherty,  23  N.  D. 
328,  41  L.  R.  A  (N.  S.)  132,  136  N.  W.  76. 

See  Opinions  of  the  Attorney  General  Nos.  48  to  51  inclusive. 

As  to  constitutionality  of  primary  election  laws  generally,  see  note  to 
this  case  in  41  L.  R.  A  (N.  S.)  132,  also  note  in  22  L.  R.  A  (N.  S.)  1136. 

Registration  as  condition  of  right  to  vote.     25  L.  R.  A  480. 


J42  STATE  OF  NORTH  DAKOTA 

§  918.  REGISTRATION  AND  ENROLLMENT  BOOK^.  HOW 
FURNISHED.  These  party  enrollment  books  and  blanks  shall  be  pre- 
pared and  furnished  by  the  secretary  of  state  and  by  him  sent  to  each  county 
auditor  in  the  state  and  by  each  county  auditor  distributed  to  each  asses- 
sor. The  assessors  shall  complete  this  work  of  taking  the  party  registra- 
tion in  the  months  of  April  and  May  of  each  even  numbered  year  and 
shall  return  the  blanks  and  enrollment  books  to  the  county  auditor  of 
the  respective  counties  on  or  before  thirty  days  before  each  primary  elec- 
tion day  and  shall  receive  as  compensation  the  sum  of  ten  cents  (10c) 
for  entry  of  the  name  of  each  party  voter  in  addition  to  the  compensation 
now  allowed  by  law  for  his  work  as  such  assessor.  He  shall  cause  the 
names  to  be  entered  in  the  party  enrollment  book  alphabetically  and 
according  to  the  respective  precincts  of  the  voters  within  that  district. 

Any  voter  who  s  unavoidably  absent  from  the  assessor's  district 
during  the  time  of  taking  the  party  registration  may  go  before  any 
notary  public  and  sign  and  verify  a  registration  blank  as  shown  by  form 
"A"  and  mail  the  same  in  to  the  county  auditor  of  his  county.  (1911, 
ch.  213,  §  2.) 

§  919.  WHEN  PERSON  MAY  CAUSE  NAME  TO  BE  ENROLLED 
ON  PRIMARY  DAY.  Any  person  who  was  a  qualified  voter  in  any 
election  precinct  in  this  state  on  the  day  of  enrollment  and  registration 
provided  for  in  this  article  and  who  failed  to  have  his  name  enrolled  on 
that  day  by  reason  of  sickness  or  unavoidable  absence  from  the  elec- 
tion precinct,  and  who  is  a  qualified  voter  in  said  district  at  the  time  of 
the  primaries  thereafter  held  therein,  or  who  may  have  become  twenty-one 
years  of  age  after  the  day  of  enrollment  may  have  his  name  enrolled  by 
the  election  board  on  any  primary  day  upon  making  oath  as  provided 
in  the  general  election  law  in  relation  to  registration  of  electors  on 
election  days.  Any  person  who  was  a  qualified  voter  in  any  election 
precinct  in  this  state  on  the  day  of  enrollment  provided  for  in  this 
article,  and  who  was  duly  enrolled  as  provided  herein,  who  has  had 
occasion  to  transfer  his  place  of  residence  to  an  election  precinct  other 
than  that  in  which  he  was  enrolled,  may  be  entitled  to  a  new  enroll- 
ment on  primary  day  in  such  election  precinct  and  be  entitled  to  a  vote 
therein,  provided  that  he  has  resided  in  the  election  precinct  to  which 
he  has  lately  removed  for  a  period  to  comply  with  general  laws  govern- 
ing residence  of  electors.  He  may  obtain  from  the  assessor  of  the  pre- 
cinct in  which  he  formerly  resided,  a  certificate  stating  that  he  was 
duly  enrolled  in  such  precinct  and  that  he  has  changed  his  residence 
therefrom  to  such  other  precinct  and  that  he  is  entitled  to  enrollment 
therein. 

The  county  auditor  shall  cause  duplicates  to  be  made  of  all  the 
party  enrollment  books  on  file  in  his  oflBce  and  cause  a  copy  of  the  party 
enrollment  book  for  each  precinct  to  be  delivered  to  the  inspector  of 
elections  of  such  precinct  at  the  same  time  that  the  other  election  sup- 


ELECTION   LAWS   OF   NORTH    DAKOTA  143 


plies  and  ballot  boxes  are  delivered  to  such  inspector  as  now  provided 
by  law. 

The  inspector  and  judges  at  such  primary  elections  shall  require 
each  voter  to  vote  the  party  ballot  under  which  he  has  registered.  (1911. 
ch.  213,  §  3.) 

ARTICLE  8— PUBLICATION  OF  CANDIDATES'  N.4MES  BEFORE 
PRIMARY  ELECTION. 

§  920.  CERTIFIED  LISTS  OF  NOMINEES-  At  least  twenty-five 
days  before  any  primary  preceding  a  general  election,  the  secretary  of 
state  shall  transmit  to  each  county  auditor  a  certified  list  containing 
the  names  and  post-oflBce  addresses  of  each  person  for  whom  nomination 
papers  have  been  filed  in  his  oflSce  and  entitled  to  be  voted  for  at  such  pri- 
mary, together  with  a  designation  of  the  ofl5ce  for  which  he  is  a  candi- 
date, and  the  party  or  principle  he  represents.     (1911,  ch.  209,  §  1.) 

§  921.  PUBLICATION  OF  NOTICES.  The  auditor  to  whom  such  list 
is  delivered  shall  forthwith  upon  the  receipt  thereof  publish  under  the 
proper  party  designation  the  title  of  each  office,  the  names  and  addresses 
of  all  persons  for  whom  nomination  papers  have  been  filed,  both  in  his 
oflBce  and  the  office  of  the  secretary  of  state,  giving  the  names  and  ad- 
dresses of  each,  the  date  of  the  primary,  the  hours  during  which  the  polls 
will  be  opened,  and  that  the  primary  will  be  held  in  the  regular  polling 
place  in  each  precinct.  It  shall  be  the  duty  of  such  auditor  to  publish 
said  notices  once  each  week  for  at  least  two  consecutive  weeks  prior  to 
said  primary  in  each  official  newspaper  in  the  county.  (1911,  ch.  209, 
§  2.) 

§  922.  POSTING  OF  NOTICES.  Such  auditor  shall  also  forthwith 
mail  copies  of  such  notice  to  each  township  and  village  clerk  and  inspector 
of  elections  in  unorganized  townships,  and  to  each  city  auditor  of  his 
county  who  shall  immediately  post  copies  of  the  same  in  at  least  three 
public  places  in  each  precinct  in  his  town,  city  or  village  designating  there- 
in the  location  of  the  polling  place  in  each  election  precinct.  (1911,  ch. 
209,  §  3.) 

ARTICLE  9— ELECTION  PRLVTIEGES. 

§  923.  PRIMARY  CAMPAIGN  EXPENSES  LIMITED.  No  sum  of 
money  shall  be  paid,  and  no  expense  authorized  or  incurred  by  or  on 
behalf  of  any  candidate  to  be  paid  by  him,  except  such  as  he  may  pay 
to  the  state  for  printing,  as  herein  provided,  in  his  campaign  for  nomina- 
tion to  any  public  office  or  position  in  this  state,  in  excess  of  fifteen  ri5> 
per  cent  of  a  year's  compensation  or  salary  of  the  office  for  which  he  is 
a  candidate ;  provided,  that  no  candidate  shall  be  restricted  to  less  than 
two  hundred  dollars  ($200)  in  his  campaign  for  such  nomination:  pro- 
vided, that  the  provisions  of  this  article  shall  not  be  construed  to  apply 


144  STATE  OF  NORTH  DAKOTA 

to  the  candidate's  personal  traveling  expenses.  No  sum  of  money  shall 
be  paid  and  no  expenses  authorized  or  incurred  contrary  to  the  provisions 
of  this  article,  for  or  on  behalf  of  any  candidate  for  nomination.  (1911, 
ch.  129,  §  1.) 

§  924.  PUBLICITY  PAMPHLET.  CANDIDATE'S  STATEMENTS. 
Any  candidate  for  nomination  to  any  state  or  district  office,  when  the 
district  is  composed  of  one  or  more  counties,  may  file  with  the  sec- 
retary of  state  for  publication  as  herein  provided,  not  later  than  fifty 
(50)  days  before  the  biennial  primary  nominating  election,  with  his 
portrait  cut  if  he  wishes,  a  printed  or  typewritten  statement,  on  the  con- 
ditions set  forth,  over  his  signature,  stating  the  reason  why  he  should  be 
nominated. 

Each  candidate  shall  be  allowed  one  (1)  page  of  printed  matter,  and 
those  opposing  him  shall  be  each  allowed  one  page  of  space  on  equal 
terms  with  him,  as  herein  provided.  (1913,  ch.  227,  §  1;  1911,  ch. 
129,  §  2.) 

See  Opinions  of  the  Attorney   General  No.   52. 

§  925.  RATES.  Candidates  for  nomination  shall  pay  for  one  page 
of  space  in  the  publication  herein  provided  for  as  follows:  For  office  of 
United  States  senator,  one  hundred  dollar^ ;  for  representatives  in  Congress, 
one  hundred  dollars;  for  justice  of  the  supreme  court,  seventy-five  dol- 
lars ;  for  governor,  one  hundred  dollars ;  for  secretary  of  state,  one  hundred 
dollars ;  for  state  treasurer,  one  hundred  dollars ;  for  state  auditor,  one 
hundred  dollars ;  commissioner  of  insurance,  superintendent  of  public  in- 
struction, attorney  general  and  commissioner  of  labor,  each  seventy-five 
dollars ;  for  railroad  commissioner  and  lieutenant-governor,  twenty-five 
dollars;  for  senator  or  representative  in  the  legislative  assembly,  ten 
dollars;  for  district  judge,  fifty  dollars;  for  county  judge,  register  of 
deeds,  county  auditor,  county  treasurer,  state's  attorney,  sheriff,  clerk 
of  court,  and  county  school  superintendent,  each  twenty-five  dollars.  All 
payments  required  by  this  section  shall  be  made  to  the  secretary  of  state 
when  the  statement  is  offered  to  him  for  filing,  and  be  by  him  paid  into 
the  general  fund  of  the  state  treasury.  Any  candidates  for  state  offices 
may  have  additional  space,  not  exceeding  three  pages,  at  the  rate  of 
one  hundred  dollars  a  page,  and  any  candidate  for  county  or  legislative 
office  may  have  additional  space,  not  exceeding  two  pages,  at  the  rate 
of  twenty-five  dollars   ($25)   a  page.      (1913,  ch.  226;  1911.  ch.  129,  §  3.) 

§  926.  PRINTING  STATEMENTS.  Not  later  than  forty  days  be- 
fore the  primary  nominating  election  the  secretary  of  state  shall  properly 
complete,  edit,  prepare,  and  index  for  printing  all  of  such  statements  and 
portrait  cuts  and  cause  the  same  to  be  printed  in  pamphlet  form,  print- 
ing and  pictures  of  candidates  with  and  as  a  part  of  their  several  state- 
ments,  where  such  portrait  cuts  are  offered;   statements  of  those  who 


ELECTION   LAWS   OF   NORTH    DAKOTA  145 

directly  oppose  any  candidate  shall  follow  next  after  his  statement.  All 
of  the  statements  filed  for  and  against  all  the  candidates  for  nomina- 
tion to  each  office  shall  be  printed  in  the  order  in  which  the  candi- 
dates' names  are  grouped  under  the  title  of  their  offices  on  the  official 
ballot  at  the  nominating  election.  No  picture,  statement  or  argument 
for  or  against  any  candidate  for  nomination  shall  be  included  in  the  copy 
of  the  pamphlet  going  to  any  county  where  such  candidate  is  not  to  be 
voted  for.  The  said  pamphlets  shall  be  printed  and  delivered  to  the 
secretary  of  state  as  quickly  as  possible  and  the  delivery  shall  be  com- 
pleted not  later  than  twenty  (20)  days  before  the  nominating  election. 
(1913,  ch.  227,  §  2;  1011,  ch.  129,  §  4.) 

§  927.  ADDRESSES  TO  VOTERS.  The  several  county  auditors 
shall  obtain  the  post-office  addresses  of  all  voters  in  their  respective 
counties,  which  shall  be  taken  from  the  registration  lists  in  case  of  party 
registration,  and  in  case  of  no  party  registration  then  such  addresses 
may  be  procured  from  the  personal  property  tax  books  of  that  year  and 
other  authentic  source,  and  on  or  before  the  thirtieth  (30th)  day  pre- 
ceding the  nominating  election,  mail  to  the  secretary  of  state  the  name, 
post-office  address  and  party  registration  of  every  such  person,  and  at 
least  twenty  (20)  days  before  the  regular  biennial  primary  nominating 
election,  the  secretary  of  state  shall  forward  by  mail  to  every  such  person 
a  copy  of  the  pamphlet  containing  the  names  and  statements  herein  pro- 
vided for.  The  pages  of  the  pamphlet  required  by  this  article  shall 
be  six  by  nine  inches  in  size,  and  the  printed  matter  therein  shall  be  set 
in  eight  point  type,  single  leaded,  and  twenty-five  ems  pica  in  width, 
with  proper  headings.     (1911,  ch.  129,  §  5.) 

§  928.  GENERAL  ELECTION  CAMPAIGN  EXPENSES  LIMITED. 
No  sum  of  money  shall  be  paid  and  no  expenses  authorized  or  incurred  by 
or  on  behalf  of  any  candidate  who  has  received  the  nomination  to  any 
public  office  or  position  in  this  state,  except  such  as  he  may  contribute 
toward  payment  for  his  political  party's  or  independent  statement  in  the 
pamphlet  herein  provided  for,  in  excess  of  fifteen  (15)  i>er  cent  of  the 
annual  salary  of  the  office  for  which  he  is  nominated ;  provided,  that  no 
candidate  shall  be  restricted  to  less  than  two  hundred  dollars.  (1-911,  ch. 
129,  §  6.) 

§  929.  ITEMIZED  STATEMENTS  FILED.  Every  candidate  for 
nomination  or  election  to  public  office,  including  the  offices  of  senators 
of  the  United  States,  shall  within  fifteen  (15)  days  after  the  primary  or 
general  election  at  which  he  was  a  candidate,  file  with  the  secretary  of 
state,  if  a  candidate  for  senator  of  the  United  States,  representative  in 
congress,  or  for  any  state  or  district  office,  in  a  district  composed  of  one 
or  more  counties,  but  with  the  county  auditor  for  legislative  districts  com- 
posed of  not  more  than  one  county,  an  itemized  statement  setting  forth 
in  detail  all  the  moneys  contributed,  expended  or  promised  by  him  to  aid 


146  STATE  OF  NORTH  DAKOTA 

and  promote  liis  nomination  or  election,  or  both,  as  the  case  may  be,  and 
for  the  election  of  his  party  candidates,  and  all  existing  unfulfilled  prom- 
ises of  every  character  and  all  liabilities  in  force  at  the  time  of  such  state- 
ment, and  if  no  money  or  other  valuable  thing  was  paid  or  promised,  he 
shall  file  a  statement  to  that  effect  within  fifteen  days  after  the  election 
at  which  he  was  a  candidate.  Any  candidate  who  shall  fail  to  file  such 
statement  shall  be  fined  twenty-five  dollars  ($25)  for  every  day  on  which 
he  was  in  default,  unless  excused  by  the  court.     (1911,  ch.  129,  §  7.) 

Homness  v.   Lynch,    N.   D 179  N.    W.   719. 

Party  officers  are   not   public  officers,  9  R.    C.   L.,   1089,   citing  Upsilton  v. 
Bramble,  117  Md.  10,  82  Atl.  661,  Ann.  Cas.  1913  E  743. 

See  Opinions  of  the  Attorney  General,  Nos.  45  and  54  to  64  inclusive. 

§  930.  ACTUAL  CONTRIBUTORS'  NAMES.  No  person  shall  make 
a  payment  of  his  own  money  or  of  another  person's  money  to  any  other 
person  in  connection  with  a  nomination  or  election  in  any  other  name 
than  that  of  the  person  who  in  truth  supplies  such  money ;  nor  shall  any 
person  knowingly  receive  such  payment  or  enter  or  cause  the  same  to  be 
entered  in  his  accounts  or  records  in  any  other  name  than  that  of  the 
person  by  whom  it  was  actually  furnished.     (1911,  ch.  129,  §  8.) 

§  931.  PRE-ELECTION  PROMISES  OF  APPOINTMENTS.  No 
person  shall,  in  order  to  aid  or  promote  his  nomination  or  election,  directly 
or  indirectly  promise  to  appoint  another  person  or  to  secure  or  aid 
in  securing  the  appointment,  nomination  or  election  of  another  person 
to  any  public  or  private  position  or  employment,  or  to  any  position  of 
honor,  trust  or  emolument.     (1911,  ch.  129,  §  9.) 

§  932.  CHARITABLE  CONTRIBUTIONS  BY  CANDIDATES  OR  OF- 
FICE-HOLDERS, AND  SOLICITATION  THEREOF.  No  person  shall 
demand,  solicit,  ask  or  invite  any  payment  or  contribution  for  any  religious, 
charitable  or  other  such  cause  from  any  person  who  seeks  to  be,  or  has 
been,  nominated  to  any  ofiice,  and  no  such  candidate  shall  make  any 
such  payment  or  contribution,  or  promise  or  agree  to  make  the  same,  if 
it  shall  be  demanded  or  asked  during  the  time  he  is  a  candidate  for  nomi- 
nation or  election.  No  payment  or  contribution  for  any  purpose  shall  be 
made  a  condition  precedent  to  the  putting  of  a  name  on  any  caucus  or 
convention  ballot  or  nominating  paper  or  petition,  or  the  performance 
of  any  duty  imposed  by  law  on  a  political  committee. 

Provided,  however,  that  this  section  shall  not  be  construed  as  pro- 
hibiting any  candidate  for  ofiice  from  making  contributions  for  a  religious 
or  charitable  purpose  to  any  organization  or  purpose  to  which  he  has 
heretofore  ordinarily  or  customarily  contributed ;  and  no  person  shall  be 
deemed  prohibited  at  any  time  from  contributing  to  any  church  organi- 
zation or  association  of  which  he  is  actually  a  member. 

Provided   further,   this  section   shall  not  be  construed  as  making  it 


ELECTION   LAWS   OF   NORTH    DAKOTA  147 


iinlawful  for  a  candidate  for  oflSce  to  make  contributions  to  the  central  com- 
mittees of  the  political  party  with  which  he  is  aflBliated,  but  any  such 
contribution  so  made  shall  be  deemed  a  part  of  the  expenditures  limited 
in  section  928.     (1913,  ch.  157;  1911,  ch.  129,  §  10.) 

§  933.  CAMPAIGN  CONTRIBUTIONS  BY  CORPORATIONS  PRO- 
HIBITED. No  corporation,  trustee  or  oflScer  thereof  as  such,  shall  pay 
or  contribute  in  order  to  aid,  promote  or  prevent  the  nomination  or  elec- 
tion of  any  person,  or  in  order  to  aid  or  promote  the  interest,  success  or 
defeat  of  any  person  or  any  political  party  or  organization.  And  no 
person  shall  solicit  or  receive  such  payment  from  any  corporation.  (1911, 
ch.  129,  §11.) 

§  934.  TREATING.  Any  person  or  candidate  who  shall,  either  by 
himself  or  by  any  other  person,  either  before  or  after  election,  or  while 
such  person  or  candidate  is  seeking  a  nomination  or  election,  directly 
or  indirectly,  give  or  provide,  or  pay,  wholly  or  in  part,  the  expense  of 
giving  or  providing  any  drink  or  intoxicating  liquors  to  or  for  any  person 
for  the  purpose  or  with  the  intent  or  hope  to  influence  that  i)erson  or 
any  other  person  to  give  or  refrain  from  giving  his  vote  at  such  elec- 
tion to  or  for  any  candidate  or  political  party  ticket  or  measure  before 
the  people,  or  on  account  of  such  person  or  any  other  person  having  voted 
or  refrained  from  voting  for  any  candidate  or  the  candidates  of  any  po- 
litical party  or  organization  or  measure  before  the  people  or  being  about 
to  vote  or  refrain  from  voting  at  such  election,  shall  be  guilty  of  treating. 
Every  elector  who  accepts  or  takes  any  such  drink  or  intoxicating  liquors 
shall  also  be  guilty  of  treating,  and  such  acceptance  shall  be  ground  of 
challenge  to  his  vote  and  of  rejecting  his  vote  on  a  contest.  (1911,  ch. 
129,    §  12.) 

§  935.  PENALTY.  Any  person  shall  be  guilty  of  corrupt  practice 
within  the  meaning  of  this  article  if  he  expends  any  money  for  election 
purposes  contrary  to  the  provisions  of  this  statute,  or  if  he  is  guilty  of 
treating,  undue  influence,  personation,  or  the  giving  or  promising  to 
give  any  money  or  valuable  thing  to  an  elector  with  the  intent  to  induce 
him  to  vote  or  to  refrain  from  voting  for  any  candidate  for  public  oflfice. 
(1911,  ch.  129,  §  13.) 

The  publication  in  question  which  contains  the  following  language:  "I 
pledge  the  people  of  Bowman  County  that  if  elected  to  that  position  I  will  turn 
back  into  the  treasury  of  the  county  all  salary  above  the  amount  of  $1500  a 
year" — is  held  to  be  a  violation  of  the  corrupt  practice  act  and  disqualifies  de- 
fendant from  holding  such  office.     Diehl  v.  Totten,  32  N.  D.  131,  155  N.  W.  74. 

Notice  of  contest  alleging  that  defendant  offered,  if  elected,  to  accept  less 
than  statutory  salary,  states  a  good  cause  of  action.  Kundert  v.  City  of  Madi- 
son, 39  S.  D.  43,  162  N.  W.  898. 

§  936.  EXPENSES  OF  VOTING.  TRANSPORTATION  PRO- 
HIBITED. It  shall  be  unlawful  for  any  person  to  pay  another  for  any 
loss  or  damage  due  to  attendance  at  the  polls,  or  in  registering  or  for  the 


148  STATE  OF  NORTH  DAKOTA 

expense  of  transportation  to  or  from  the  polls.  No  person  shall  pay  for  \ 
personal  services  to  be  performed  on  the  day  of  a  caucus,  primary  con-  J 
vention  or  any  election  for  any  purpose  connected  therewith,  tending  in  | 
any  way,  directly  or  indirectly,  to  affect  the  result  thereof,  except  for  the  ; 
hiring  of  persons  whose  sole  duty  is  to  act  as  challengers  and  watch  the  \ 
count  of  official  ballots.  No  person  shall  buy,  sell,  give  or  provide  any  j 
political  badge,  button  or  any  insignia  to  be  worn  at  or  about  the  polls  on  \ 
the  day  of  an  election,  and  no  such  political  badge,  button  or  insignia  ] 
shall  be  worn  at  or  about  the  polls  on  any  election  day.  (1911,  ch.  129,  i 
§  14.)  \ 

§  937.  POLITICAL  ADVERTISING  LABELED  PAID.  No  publisher  ; 
of  a  newspaper  or  other  periodical  shall  insert  either  in  its  advertising  ; 
or  reading  columns  or  any  paid  matter  which  is  designed  or  tends  to  aid,  , 
injure  or  defeat  any  candidate  or  political  party  or  organization  or  meas-  i 
ure  before  the  people,  unless  it  is  stated  therein  that  it  is  a  paid  adver-  • 
tisement.  No  person  shall  pay  the  owner,  editor,  publisher  or  agent  of  any  , 
newspaper  or  other  periodical  to  induce  him  to  editorially  advocate  or  ; 
oppose  any  candidate  for  nomination  or  election,  and  no  such  owner,  editor,  i 
publisher,  or  agent  shall  accept  such  payment.  Any  person  who  shall  I 
violate  any  of  the  provisions  of  this  section  shall  be  punished  as  for  a  ! 
corrupt  practice.     (1911,  ch.  129,  §  15.)  I 

See  Opinions  of  the  Attorney  General,  No.  53. 

§  938.  RATES  FOR  POLITICAL  ANNOUNCEMENTS.  No  news-  i 
paper  in  this  state  shall  charge  for  the  publication  of  political  announce-  ; 
ments  of  candidates  before  any  primary  or  election  any  more  than  the  \ 
legal  rates  for  the  publication  of  legal  notices.  All  paid  political  matter  ; 
and  political  announcements  shall  be  labeled  "Political  Advertisement."  : 
Any  person  violating  any  provision  of  this  section  shall  be  deemed  guilty  i 
of  a  misdemeanor.     (1911,  ch.  210.)  ! 

§  939.     ELECTIONEERING  ON  ELECTION  DAY.     It  shall  be  un-  : 
lawful  for  any  person  at  any  place  on  the  day  of  any  election  to  ask,  , 
solicit  or  in  any  manner  try  to  induce  or  persuade  any  voter  on   such  j 
election  day  to  vote  or  refrain  from  voting  for  any   candidate,   or  the  | 
candidates  or  ticket  of  any  political  party  or  organization,  or  any  measure 
submitted  to  the  people,  and  upon  conviction  thereof,  he  shall  be  punished 
by  a  fine  of  not  less  than  five  dollars,  nor  more  than  one  hundred  dol- 
lars for  the  first  offense,  and  for  the  second  and  each  subsequent  offense 
occurring  on  the  same  or  different  election  days  he  shall  be  punished  by 
a  fine  as  aforesaid,  or  by  imprisonment  in  the  county  jail  not  less  than 
live  nor   more   than   thirty   days,   or  both   such   fine   and   imprisonment. 
(1911,  ch.  129,  §  16.) 

Nelson  ▼.  Gass,  27  N.  D.  369,  146  N.  W.  537.  j 

S  940.  FAILURE  TO  FILE  STATEMENT.  NAME  OMITTED  j 
FROM  BALLOT.    The  name  of  a  candidate  chosen  at  a  primary  nominat-  i 


ELECTION   LAWS   OF   NORTH    DAKOTA  149 

ing  election  or  otherwise,  shall  not  be  printed  on  the  official  ballot  for  the 
ensuing  election  unless  there  has  been  filed  by  or  on  behalf  of  said  can- 
didate the  statement  of  accounts  and  the  expenses  relating  to  nominations 
required  by  this  article,  but  delay  in  making  such  statement  beyond  the 
time  prescribed  shall  not  preclude  its  acceptance  or  prevent  the  insertion 
of  the  name  on  the  ballot,  if  there  is  a  reasonable  time  therefor  after 
the  receipt  of  such  statements.     (1911,  ch.  129,  §  17.) 

Homness  v.  Lynch,  ....N.  D......  179  N.  W.  719. 

§  941.  CANDIDACY  BONA  FIDE.  It  shall  be  unlawful  for  any 
person  to  accept,  receive  or  refrain  from  becoming  a  candidate  for  nomin- 
ation or  election,  or  by  himself  or  in  combination  with  any  other  person 
or  i)ersons  to  become  a  candidate  for  the  purpose  of  defeating  the  nomin- 
ation or  election  of  any  person  and  not  with  a  bona  fide  intent  to  obtain 
the  office.     (1911,  ch.  129,  §  18.) 

§  942.  CORRUPT  PRACTICE.  FORFEITURE  OF  OFFICE  OR 
NOMINATION.  If  upon  the  trial  of  any  action  or  proceeding  under  the 
provisions  of  this  article  for  the  contesting  of  the  right  of  any  person  de- 
clared to  be  nominated  to  any  office  or  elected  to  any  office,  or  to  annul 
or  set  aside  such  election,  or  to  remove  any  person  from  his  office,  it  shall 
appear  that  such  person  was  guilty  of  any  corrupt  practice,  illegal  act, 
or  undue  influence  in  or  about  such  nomination  or  election,  he  shall  be 
punished  by  being  deprived  of  the  nomination  or  office  as  the  case  may 
be,  and  the  vacancy  therein  shall  be  filled  in  the  manner  provided  by 
law.     (1911,  ch.  129,  §  19.) 

See  Nelson  v.  Gass,  27  N.  D.  369,  146  N.  W.  537. 

Conceding  that  members  of  the  United  States  Senate  and  Congress  from  this 
state  and  state  officers  subject  to  impeachment  may  not  be  removed  from  of- 
fice under  the  corrupt  practice  act,  yet  a  good  and  valid  piece  of  legislation  re- 
mains.    Diehl  V.  Totten,  32  N.  D.  131,  155  N.  W.  74. 

See  Opinions  of  the  Attorney  General,  Nos.  54  to  64  inclusive. 

§  943.  CONTEST  COMMENCEMENT.  Any  action  to  contest  the 
right  of  any  person  declared  elected  to  any  office,  or  to  annul  and  set 
aside  such  election,  or  to  remove  from  or  deprive  any  person  of  an  of- 
fice of  which  he  is  the  incumbent  for  any  offense  mentioned  in  this 
article  must,  unless  a  different  time  be  stated,  be  commenced  within 
forty  (40)  days  after  the  return  of  the  election  at  which  such  offense 
was  committed,  unless  the  ground  of  the  action  or  the  proceeding  is  for 
illegal  payment  of  money  or  other  valuable  things  subsequent  to  the  filing 
of  the  statements  prescribed  by  this  article,  in  which  case  the  action  or 
the  proceeding  may  be  commenced  within  forty  (40)  days  after  the  dis- 
covery by  the  complainant  of  such  illegal  payment.     (1911,  ch.  129,  §  20.) 

Does  not  relate  to  or  affect  procedure  in  election  contests  instituted  under 

provisions   ot    sections    1046-1058.     Voyen    v.    Eagle    School    Dist.,    ....N.    D 

181  N.  W.  82. 


150  STATE  OF  NORTH  DAKOTA 

§  944.  GENERAL  PENALTY.  Whoever  violates  any  provision  of  this 
article,  the  punishment  of  which  is  not  specifically  provided  by  law,  shall 
on  conviction  thereof  be  punished  by  imprisonment  in  the  county  jail  for 
not  more  than  six  months,  or  by  a  fine  of  not  more  than  one  thousand 
dollars  or  by  both  such  fine  and  imprisonment.     (1911,  ch.  129,  §  21.) 


PUBLIC  MEETINGS. 


Ch.  191,  S.  L.  1919.  §  1.  That  any  oflicer  or  officers  of  the  State 
of  North  Dakota,  any"  municipality  therein  or  any  subdivision  thereof,  who 
shall  have  custody  and  control  of  any  public  building  or  public  park  suit- 
able for  holding  public  meetings  therein  shall,  when  petitioned  so  to  do 
by  twenty-five  resident  tax  payers  of  the  municipality  or  political  sub- 
division owning  said  building  or  public  park,  open  said  building  or  park 
for  any  public  meeting  which  is  to  be  non-sectarian  and  non-fraternal  in 
character ;  provided,  however,  that  no  such  public  building  shall  be  used 
for  such  purpose  when  in  actual  and  necessary  use  in  carrying  out  the 
purpose  for  which  it  was  constructed. 

§  2.  Any  person  or  persons  violating  the  provisions  of  this  Act  shall 
be  guilty  of  a  misdemeanor. 


OFFICIAL  NEWSPAPER.  1 

Ch.  187,  S.  L.  1919.  §  1,  In  each  organized  county  in  the  state  of  ' 
North  Dakota  there  shall  be  selected  and  designated  one  newspaper  in  I 
said  county  which  shall  be  the  state,  county  and  municipal  official  news-  i 
paper  therein,  i 

§  2.  MANNER  OF  SELECTION  AND  DESIGNATION  OF  SUCH  [ 
OFFICIAL  NEWSPAPER.  At  the  first  general  election  held  throughout  i 
the  State  of  North  Dakota  after  the  passage  and  approval  of  this  Act,  \ 
and  at  the  general  election  in  each  even  numbered  year  thereafter  the  ■ 
legal  voters  in  each  organized  county  in  the  state  shall  be  entitled  to  vote  ; 
for  such  newspaper  in  said  county  as  such  voter  desires  to  be  selected  as  I 
the  official  newspaper  therein. 

§  3.     At  least  thirty  days  prior  to  any  general  election  held  through-  \ 

out  the  state,  any  person,  persons,  or  co-partnership  or  corporation  owning  i 

or  operating  a  newspaper  printed  and  published  within  the  county  and  : 

admitted  to  the  United   States  mails,  and  having  complied  with  the  re-  i 

quirements  of  the  Federal  laws  governing  second-class  mail  matter,  may  i 

apply  in  writing  to  the  county  auditor  of  the  county  in  which  such  news-  ; 

paper  is  located  for  the  placing  of  the  name  of  such  newspaper  upon  the  j 

general  ballot  to  be  voted  for  as  official  newspaper  at  said  election.    Such  ! 

application  shall  be  filed  with  the  county  auditor  and  by  him  endorsed  '. 

showing  the  name  of  the  newspaper  for  which  application  is  made  and  ] 


ELECTION   LAWS   OF   NORTH    DAKOTA  151 

the  date  said  applicatiou  is  presented  to  his  office.  The  names  of 
all  newspapers  for  which  application  is  so  made  shall  be  by  the  county 
auditor  placed  upon  the  general  official  ballot  at  the  bottom  of  the  first 
column  on  the  left-hand  side,  the  names  of  such  newspapers  to  be  rotated 
as  now  required  by  law  for  the  names  of  candidates  on  the  primary  elec- 
tion ballots.  The  place  upon  the  ballot  for  the  names  of  such  newspapers 
shall  be  designated  as  follows : 

"For  Official  Newspaper"  (vote  for  one  only).  Immediately  opposite 
the  name  of  each  newspaper  there  shall  be  printed  a  square  and  the  voter 
shall  designate  his  choice  by  marking  an  X  within  the  square.  A  blank 
line  and  square  shall  be  printed  following  the  printed  names  of  said 
newspapers  wherein  the  voter  may  write  or  paste  the  name  of  a  news- 
paper and  mark  an  X  in  the  square  opposite  it 

§  4.  CANVASS  OF  VOTE.  Such  newspaper  in  such  county  receiv- 
ing the  highest  number  of  votes  cast  for  official  newspaper  shall  be  de- 
clared the  official  newspaper  from  and  after  the  first  Monday  of  January, 
next  succeedijig  said  election  until  the  next  biennial  election  and  until  a 
successor  is  chosen  and  the  county  auditor  upon  the  canvass  and  return 
of  said  vote  by  the  county  canvassing  board,  at  the  time  of  canvassing 
other  election  returns,  shall  issue  a  certificate  of  election  to  such  news- 
paper receiving  the  highest  number  of  votes  cast  at  Said  election.  The 
owner,  proprietor  or  authorized  agent  of  a  corporation  owning  such  news- 
paper shall  file  a  bond  to  the  State  of  North  Dakota  of  one  thousand  dol- 
lars for  the  faithful  performance  of  the  duties  of  such  newspaper.  (1921, 
S.  L.,  eh.  62.) 

See  Opiniins   to   the   Attorney   General,   No.   65. 

ARTICLE   10.— GENERAL  PROVISIONS. 

§  945.  GOVERNS  ALL  BUT  SPECIAL  ELECTIONS.  All  elections 
for  state,  district,  county,  township,  city  and  ward  and  other  officers  pro- 
vided by  law,  shall  hereafter  be  held  and  conducted  in  the  manner  pre- 
scribed in  this  chapter,  except  as  otherwise  specially  provided  by  law. 
(R.  C.  1905,  §  602;  R.  C.  1895,  §  476,  Ch.  27,  §  1,  Pol.  C.  1877.) 

Applicability  of  constitutional  or  statutory  provisions  relating  to  general  elec- 
tions, to  elections  other  than  for  the  selection  of  officers.  14  L.  R.  A.  (N.  S.) 
850. 

See  Nelson  v.  Gass,  21  N.  D.  369,  146  N.  W.  537. 

§  m&.  GENERAL  ELECTION,  WHEN  HELD.  On  the  first  Tuesday 
after  the  first  Monday  in  November  of  each  even  numbered  yeir  an  elec- 
tion shall  be  held  in  the  several  election  districts  of  the  state  which  shaU 
be  known  as  the  general  election,  and  the  several  state,  district  and 
county  officers,  judges  of  the  supreme  and  district  courts,  members  of  the 
legislative  assembly  and  members  of  the  congress  of  the  United  States, 
shall  be  elected  at  the  general  election  next  preceding  the  expiration  of 
the  term  of  each  of  such  officers,  respectively,  except  such  officei:s,  as  are 


152  STATE  OF  NORTH  DAKOTA 

required  by  law  to  be  elected  at  special  elections,  and  on  a  year  when  a 
president  and  a  vice-president  of  the  United  States  are  to  be  chosen  a 
number  of  electors  of  president  and  vice-president  of  the  United  States 
equal  to  the  number  of  senators  and  representatives  to  which  this  state 
is  entitled  in  the  congress  of  the  United  States  shall  be  elected  at  such 
election.  (R.  C.  1905,  §  603;  R.  C.  1899,  §  477;  Ch.  27,  §  2,  Pol.  C.  1877.) 
§  947.  HIGHEST  NUMBER  OF  VOTES  ELECT.  In  all  elections 
for  the  choice  of  any  officer,  unless  it  is  otherwise  expressly  provided,  the 
person  receiving  the  highest  number  of  votes  for  any  office  shall  be 
deemed  to  have  been  elected  to  that  office.  (R.  C.  1905.  §  604;  R.  C.  1899, 
S  478;  Ch.  27,  §  43;  Pol.  C.  1877.) 

A  minority  vote  for  a  qualified  candidate  does  not  entitle  such  candidate  to 
the  office  even  though  the  candidate  receiving  the  highest  number  of  votes  was 
disqualified  to  hold  office  and  such  fact  was  known  to  the  voters  at  the  time 
of  the  election.  However,  the  failure  of  the  qualified  candidate  to  receive  a  plur- 
aliy  otf  the  votes  cast  renders  the  election  a  nullity.  WoU  v.  Jensen,  36  N,  D. 
250,  162  N.  W.  403. 

See  notes  13  L.  R.  A.  (N.   S.)  1013,  and  34  L.  R.  A.   (N.  S.)  240. 

§  948.  WHO  ENTITLED  TO  VOTE.  Every  male  person  of  the  age 
of  twenty-one  years  or  upwards,  belonging  to  eitlier  of  the  following 
classes,  who  shall  have  resided  in  the  state  one  year,  and  in  the  county 
six  months,  and  in  the  precinct  ninety  days  next  preceding  any  election, 
shall  be  a  qualified  elector  at  such  election : 

First.     Citizens  of  the  United  States. 

Second.  Civilized  persons  of  Indian  descent  who  shall  have  severed 
their  tribal  relations  two  years  next  preceding  such  election,  provided  he 
has  complied  with  the  provisions  of  any  law  which  is  now  or  may  in  the 
future  be  in  force  relating  to  the  registration  of  voters,  and  all  persons 
possessing  the  qualifications  mentioned  in  this  section,  and  who  have  re- 
sided in  this  state  one  year,  shall  be  eligible  to  any  office  in  this  state, 
except  as  otherwise  provided  in  the  constitution.  (1911,  ch.  131;  R.  C. 
1905,  §  605 ;  1885,  ch.  52,  §  1 ;  Const.  §  121 ;  R.  C.  1895,  §  479 ;  1903,  ch.  89 ; 
ch.  27,  §  47,  Pol.  C.  1877.) 

See  Amendments  to  the  Constitution,  articles  36  and  37i 

Presumption  of  naturalization  from  fact  of  voting.  Kadlec  v.  Pavik,  9  N.  D. 
278.  83  N.  W.  5. 

It  is  incompetent  for  the  legislature  to  prescribe  qualifications  of  voters  or 
candidates  for  office  in  addition  to  those  fixed  in  the  constitution.  Johnson  v. 
Grand  Forks  Co.,  16  N.  D.  363,  113  N.  W.  1071. 

Until  county  commissioners  qualify,  voters  residing  in  a  proixjsed  new  county 
are  legal  voters  of  the  county  about  to  be  divided.  Murray  v.  Davis,  21  N.  D. 
64,  128  N.  W.  305. 

See  Kerlin  v.  Devils  Lake,  25  N.  D.  247,  141  N.   W.  756. 

Residence,  see  Nelson  v.  Gass,  27  N.  D.  357;  146  N.  W.  537,  also  note  to 
§  14.  also  20  C.  J.  68,  9  R.  C.   L.   1030. 

Persons  residing  in  abandoned  military  reservations  entitled  to  vote  if 
otherwise  qualified.     La  Duke  v.  Melin,   ....N.  D 177  N.  W.  673. 


ELECTION   LAWS  OF   NORTH   DAKOTA  153 


Trust  patent  Indians  may  be  electors.     Swift  t.   Leach N.   D 178 

N.   W.   437. 

How  far  right  to  TOte  is  absolute.    25  L.  R.  A.  480. 

Nature  of  occupancy  of  premises  as  effective  elective  franchise.  4  L.  R.  A. 
(N.  S.)  698,  704,  711. 

Does  "residence,"  as  a  qualification  of  voters  mean  "domicil."  19  L.  R.  A. 
(N.  S.)  759. 

Acquiring  residence  as  a  voter  while  attending  school  or  public  institution. 
23  L.  R,  A.  215;  40  L.  R.  A.  (N.  S.)  168. 

Payment  of  poll  taxes  as  a  qualification  of  electors.    29  L.  R.  A.  414. 

Tax  of  property  qualification  of  voters.     25  L.  R.  A.  482. 

Disqualification  of  voters  for  crime.     25  L.  R.  A.  483. 

Effect  on  public  election  of  wrongful  disqualification  of  sufficient  number  of 
voters  to  have  changed  the  result.     38  L.  R.  A.  (N.  S.)  1007. 


ACQUIRING    RESIDENCE    AS    VOTER    WHILE    ATTENDING    SCHOOL 
OR  PUBLIC  INSTITUTION. 

Some  of  the  states  have  a  constitutional  provision  to  the  e£Fect  that  a  resi- 
dence is  not  gained  or  lost  by  reason  of  employment  in  the  service  of  the 
United  States,  or  state,  nor  while  kept  at  an  almshouse  or  asylum.  This  leaves 
the  question  to  be  determined  by  evidence  outside  of  the  fact  of  presence  at 
such  institution,  although  a  residence  may  be  gained  there. 

It  is  generally  held  that  the  inmates  of  a  soldiers'  home  do  not  acquire  the 
right  to  vote  by  reason  of  their  residence  in  such  institutions,  but  there  are  many 
things  to  be  considered  in  regard  to  the  qualifications  of  a  voter  as  to  his  acquir- 
ing a  new  residence;  abandonment  of  his  former  residence,  and  the  intention  to 
make  a  change,  are  all  factors  in  determining  the  question  of  his  right  to  rote. 
Silvey  v.  Lindsay,  107  N.  Y.  55,  reversing  42  Hun.  116.  Nor  does  he  acquire  a 
new  residence  by  being  in  the  government  service  at  a  certain  place.  People  T. 
Holden,  28  Gal.  123;  People  v.  Riley,  15  Cal.  48. 

Residence  on  lands  ceded  to  the  United  States  for  navy  yards,  forts,  and 
arsenals  does  not  give  the  right  to  vote  at  state  elections  in  such  territory. 
Opinion  of  the  Justices,  1   Met.  580;   Re  Highlands,   N.  Y.  S.   R.  795. 

INMATES  OF  ALMSHOUSE  AND   HOSPITALS. 

A  pauper  inmate  of  a  poorhouse  does  not  acquire  thereby  residence  in  a 
township  in  which  a  poorhouse  is  located,  so  as  to  enable  him  to  vote  there. 
Qark  v.  Robinson,  88  Dl.  498;  Dale  v,  Irwin,  78  111.  170;  Esker  v.  McCoy  (Ohio) 
6  Am.  L.  Rec.  694;  Covode  v.  Foster,  4  Brewst.  (Pa.)  414. 

But  in  the  case  of  Re  Elk  Twp.  Election,  14  N.  J.  L.  J.  263,  it  was  held  that 
an  aged  man  who  had  been  for  a  year  or  two  working  for  farmers  in  that  town- 
ship, and  whose  only  home  was  the  county  poorhouse  in  that  township,  was 
entitled  to  vote  in  that  place.     23  L.  R.  A.  215. 

And  a  voter  who  left  his  place  of  residence  with  no  intention  of  ever  return- 
ing, and  finally  went  to  another  township  to  the  county  infirmary,  with  the  in- 
tention to  remain  there  permanently,  having  no  family  and  no  other  home,  with 
no  intention  of  removing,  and  having  no  settlement  in  any  township,  is  entitled 
to  vote  where  such  infirmary  is  situated.  Mallannee  v.  Hills,  2  Week,  L.  Bull. 
61,  23  L.  R.  A.  215. 

So  where  there,is  no  constitutional  or  statutory  provisions  against  an  inmate 
of  an  almshouse  acquiring  a  residence  at  such  place,  he  may  change  his  residence 
from  his  township  and  adopt  and  select  one  where  the  almshouse  is  located  ai 
his  residence,  if  he  is  a  voter,  and  has  no  family  in  another  township.  Sturgeoa 
▼.  Korte,  34  Ohio  St.  525. 


154  STATE  OF  NORTH  DAKOTA 


Persons  at  hospitals  under  treatment  do  not  hereby  obtain  a  residence  there 
for  the  purpose  of  voting.     Election  Law,  9  Phila,   497. 

STUDENTS. 

See  note,  Ann.   Cas.   1917  C.   403. 

A  student  at  college,  who  is  there  for  the  sole  purpose  of  obtaining  an  educa- 
tion, does  not  thereby  necessarily  acquire  the  right  to  vote  at  that  place.  Allen- 
town  Contested  Election  Case,  8  Phila,  575;  Rep.  of  Jud.  Comm.  Cush.  Mass. 
Election  Cases,  436;  Vandepoel,  v.  O'Hanlon,  53  Iowa,  246,  36  Am.  Rep.  216.  And 
is  not  entitled  to  vote  there,  unless  it  was  his  intention  to  remain  permanently, 
or  for  some  indefinite  time,  although  he  abandoned  his  father's  house  as  his  home 
after  he  was  of  age,  and  intended  to  make  the  place  where  the  college  was 
situated  his  only  home  while  he  was  to  remain  there.  State  v.  Daniels,  44  N.  H. 
383.  And,  if  students  come  to  college  for  no  other  purpose  than  to  receive  an 
education,  intending  to  leave  after  graduating,  they  do  not  acquire  a  residence 
at  that  place.  Fry's  Election  Case,  71  Pa.  302,  10  Am.  Rep.  698.  There  must  be 
evidence  of  complete  abandonment  of  the  former  residence;  but  absence  from  it 
would  be  regarded  as  temporary,  and  too  much  weight  should  not  be  attached 
to  declarations  of  present  or  future  purpose  by  a  student  after  the  question  of 
residence  is  raised;  there  must  be  other  satisfactory  evidence  tending  to  show 
abandonment.     Lower  Oxford  Contested  Election  11.  Phila.  641,  23  L.  R.  A.  216. 

In  the  case  of  Granby  v.  Amhert,  7  Mass.  1,  it  was  said  that  a  student  of 
a  college  does  not  change  his  domicil  by  his  occasional  residence  at  college.  But 
the  fact  that  a  student  has  continued  to  reside  in  the  place  of  the  college  for  a 
period  of  seven  years,  supporting  himself  by  his  own  eflForts  and  procuring  a 
transfer  of  registration  as  voter,  voting  there  and  never  voting  at  any  other 
place,  shows  a  bona  fide  intention  to  abandon  the  former  residence.  Shaeffer 
V.  GUbert,  H  Md.  66. 

Proofs  of  change  of  domicil  so  as  to  overcome  the  presumption  of  the  con- 
tinuance of  the  prior  domicil,  concurring  with  an  actual  residence  of  the  student 
in  the  town  where  the  public  institution  is  situated,  will  be  sufficient  to  establish 
his  domicil,  and  give  him  a  right  to  vote  in  that  town.  Opinion  of  the  Justices, 
5  Met.  587,  2i  L.  R.  A.  216. 

A  student  who  had  formed  the  purpose  of  making  W.  his  home  for  an  in- 
definite period,  when  twenty -four  years  of  age,  and  who  was  taxed  there,  and 
voted  there  for  several  years,  is  entitled  to  claim  that  place  as  his  residence, 
although  attending  a  theological  institution  in  Massachusetts.  Sanders  y. 
Gctchell,  75  Me.  158,  49  Am.  Rep.  606. 

In  Pedigo  v.  Grimes,  113  Ind.  148,  it  was  held  that  where  voters  after  enter- 
ing the  state  university  determine  that  place  should  be  their  residence,  they 
have  a  right  to  vote  there  if  their  intention  was  formed  and  acted  upon  in  good 
faith.     23  L.  R.  A.  216. 

It  was  held  in  Putnam  v.  Johnson,  10  Mass.  488,  that  a  student  at  a  theo- 
logical institution,  of  age,  qualified,  and  not  under  his  father's  control,  is  entitled 
to  vote  at  the  place  of  such  college,  notwithstanding  it  may  not  be  his  expecta- 
tion to  remain  there  forever.  In  this  case,  he  had  left  his  father's  family  several 
years  before,  and  had  become  a  resident  of  S.  where  he  was  taxed  and  permitted 
to  vote;  his  father  had  ceased  to  support  him,  and  he  was  at  S.  preparing  him- 
self for  an  independent  living,  when  he  removed  to  the  town  the  theological 
seminary  was,  which  as  he  was  on  a  charitable  foundation,  required  a  residence 
of  three  years.  If  students  abandon  their  former  home  and  come  to  the  town 
where  the  seminary  is  situated,  to  make  that  town  their  residence,  leaving  to 
the  future  to  determine  whether  they  shall  enter  a  profession  or  some  other 
business  in  that  town,  they  acquire  a  residence  there.  Re  Ward,  29  Abb.  N.  C. 
187. 


ELECTION   LAWS   OF   NORTH    DAKOTA  155 


Under  III.  Rev.  Stat.  1874,  providing  that  a  permanent  abode  is  necessary  to 
constitute  a  residence,  students  who  are  entirely  free  from  parental  control  and 
regard  the  place  of  the  college  as  their  home  and  have  no  other  to  which  to  re- 
turn in  case  of  sickness  or  domestic  affliction,  are  entitled  to  vote  there.  Gen* 
erally,  however,  tmder-graduates  of  colleges  are  no  more  residents  of  a  town  ia 
which  they  pursue  their  studies  than  mere  strangers 

Dale  V.  Ir^-in,  89  III.  170. 

In  the  case  of  Warren  v.  Board  of  Registration,  2  L.  R.  A.  203,  72  Mich. 
398,  it  was  stated  that  the  provisions  of  the  Michigan  constitution  in  regard  to 
acquiring  and  losing  a  residence  while  a  student,  do  not  prevent  persons  from 
becoming  residents  if  such  is  their  purpose  and  if  they  are  able  to  choose. 

Sec.  949— Omitted,  held  unconstitutional.  State  v.  Denoyer,  6  N.  D.  586,  7$ 
N.  W.  1014. 

WOMEN  VOTES  FOR  CERTAIN  OFFICERS. 

Ch.  254,  S.  L.  1917.  §  1.  All  women,  citizens  of  the  United  States 
of  the  age  of  twenty-one  years  or  upwards,  who  shall  have  resided  in  the 
State  one  year  and  in  the  County  six  months,  and  in  the  precinct  ninety 
days  next  preceding  any  election,  shall  be  allowed  to  vote  at  such  election 
for  Presidential  Electors,  County  Surveyors,  County  Constables,  and  for 
all  officers  of  cities,  villages  and  towns  (except  Police  Magistrates  and 
City  Justices  of  the  Peace)  and  upon  all  questions  or  propositions  sub- 
mitted to  a  vote  of  the  electors  of  such  municipalities  or  other  political 
divisions  of  this  state. 

§  2.  All  such  women  may  also  vote  for  the  following  township  of- 
ficers: Township  Clerk,  Assessor,  Treasurer,  Overseer  of  Highways  and 
Constables,  and  may  also  participate  and  vote  in  all  annual  and  special 
Township  meetings  in  the  Township  in  which  such  election  shall  be. 

§  3.  Separate  ballot  boxes  and  ballots  shall  be  provided  for  women, 
which  ballots  shall,  to  the  extent  to  which  such  women  may  vote,  as 
aforesaid,  be  the  same  as  those  provided  for  male  voters,  both  as  to  can- 
didates and  special  questions  submitted.  At  any  such  election  where 
registration  is  required  women  shall  register  in  the  same  manner  as  male 
voters. 

See  Article  37,  Amendments  to  the  Constitution. 

The  legislature  has   the  power  to  authorize  women  to  vote  for  village  of- 
ficers.    Spatgen  v.  O'Neil,  40  N.  D.  618,  169  N.  W.  491. 
See  Cahill  v.  McDowell,  40  N.  D.  625,  169  N.  W.  499. 
State  V.  Hall,  ....N.  D 176  N.  W.  921. 

ARTICLE  IL— ELECTION  PRECINCTS. 

Ch.  33.  Sp.  S.  L.  1919.     9  1.     PRECINCT  DEFINED.     Wherever  In 

the  Laws  of  the  State  of  North  Dakota  relating  to  elections  it  is  provided 
that  a  person  in  order  to  be  a  qualified  elector  at  any  election,  shall  have 
resided  in  the  state  one  year,  and  in  the  county  six  months,  and  in  the 
precinct  ninety  days  next  preceding  any  election,  the  word  "precinct"  la 
hereby  defined  and  declared  to  mean  the  township,  village,  city  or  on- 


156  STATE  OF  NORTH  DAKOTA 

organized  territory  in  which  the  person  desiring  to  vote  shall  reside;  and 
a  person  shall  be  deemed  to  be  a  qualified  elector  if,  having  the  other 
qualifications  prescribed  by  law,  he  shall  have  resided  in  the  state  one 
year,  and  in  the  county  six  months,  and  in  such  township,  village,  city 
or  unorganized  territory  for  ninety  days  next  preceding  any  election. 
Wherever  else  in  the  Laws  of  the  State  of  North  Dakota  relating  to  elec- 
tions the  word  "precinct"  is  used,  it  is  defined  and  declared  to  mean  and 
to  be  synonymous  with  the  words  "voting  district"  as  hereinafter  in  this 
Act  defined  and  provided  for. 

S  2.  VOTING  DISTRICTS— HOW  FORMED.  The  Board  of  Coun- 
ty Commissioners  of  each  county  in  the  state  shall,  at  its  first  session 
after  the  taking  effect  of  this  Act,  divide  its  county  into  voting  districts 
and  establish  the  boundaries  of  the  same.  The  entirety  of  civil  town- 
ships, cities  or  villages  as  voting  districts  shall  be  preserved  when  possible^ 
except  when  such  preservation  would  be  in  conflict  with  the  provisions  of 
this  Act.  In  such  case  the  civil  township,  city  or  village,  except  as  here- 
inafter provided,  shall  be  divided  into  two  or  more  voting  districts,  but  in 
no  case  shall  a  voting  district  be  composed  of  parts  of  two  civil  town- 
ships, or  part  of  a  township  and  city  or  village,  except  as  hereinafter 
provided.  No  voting  district  shall  contain  more  than  five  hundred  elec-^ 
tors.  The  Board  of  County  Commissioners  of  each  county  in  this  state 
shall,  at  its  first  session  after  the  taking  effect  of  this  Act,  in  dividing 
the  county  into  voting  districts,  use  as  a  basis  for  determining  the  num- 
ber of  electors  residing  in  any  given  territory,  the  total  number  of  elec- 
tors within  such  territory  who  voted  at  the  general  election  held  in 
November,  1918.  If  at  any  election  hereafter  held  more  than  five  hundred 
votes  shall  be  cast  in  any  voting  district,  it  shall  be  the  duty  of  the  In- 
spector in  such  voting  district  to  report  such  fact  to  the  Board  of  County 
Commissioners,  which  Board  shall  at  its  next  regular  meeting,  divide 
such  voting  district  as  nearly  as  possible,  so  that  the  new  voting  districts 
formed  therefrom  shall  each  contain  five  hundred  electors,  as  nearly  as 
practicable. 

§  3.  VOTING  PLACES— HOW  DESIGNATED.  At  the  meeting  of 
the  Board  of  County  Commissioners  of  each  county  at  which  such  Board 
shall  divide  its  county  into  voting  districts  as  hereinbefore  provided  for, 
the  said  Board  shall  designate  one  voting  place  in  each  voting  district, 
provided,  however,  in  case  such  voting  place  so  designated  becomes  re- 
moved, destroyed  or  unavailable  for  any  cause  between  the  date  when  any 
regular  or  special  meeting  of  the  Board  of  County  Commissoners  is  held 
and  the  date  of  any  election  if  such  voting  districts  be  in  a  township,  it 
shall  be  the  duty  of  the  Board  of  Supervisors  to  hold  a  meeting  and 
designate  by  resolution  and  record  on  the  township  clerk's  minute  book  a 
voting  place  at  which  such  election  shall  be  held,  which  voting  place  so 
designated  shall  continue  to  be  the  voting  place  of  such  voting  district 
until  the  next  meeting  of  the  Board  of  County  Commissioners,  when  said 


ELECTION  LAWS  OF  NORTH  DAKOTA  157 

Board  of  County  Commissioners  shall  designate  a  voting  place  as  herein 
provided ;  further,  when  a  voting  place  designated  by  the  Board  of  County 
Commissioners  becoming  removed,  destroyed  or  imavailable  is  located 
within  the  limits  of  an  incorporated  town,  village  or  city,  such  designation 
of  a  voting  place  shall  be  made  by  the  Board  of  Trustees  of  the  town  or 
village,  or  by  the  City  Council  or  Board  of  City  Commissioners  in  case  of 
a  city,  instead  of  the  Board  of  Supervisors,  and  a  record  thereof  shall  be 
made  in  the  record  books  of  such  municipality.  Provided,  further,  that 
when  a  voting  place  designated  by  the  Board  of  County  Commissioners  in 
a  voting  district  composed  of  unorganized  territory  is  removed,  destroyed, 
or  unavailable,  such  designation  of  a  voting  place  shall  be  made  by  the 
Inspector  of  Elections  for  said  voting  district.  The  voting  place  in  the 
town,  village,  city  or  unorganized  voting  district  so  designated  shall  be 
used  as  such  until  the  Board  of  County  Commissioners  designates  at  its 
next  succeeding  meeting  a  voting  place  as  herein  provided.  The  voting 
place  in  each  voting  district  designated  by  the  Board  of  County  Commis- 
sioners at  its  first  meeting  after  the  taking  effect  of  this  Act  shall  con- 
tinue to  be  the  voting  place  of  such  district  until  changed  by  the  Board 
of  County  Commissioners,  or  as  hereinbefore  provided.  The  Board  of 
County  Commissioners  shall  have  authority  to  change  any  voting  place  in 
any  voting  district  at  any  regular  or  special  meeting.  Nothing  in  this 
Act  shall  be  construed  as  prohibiting  townships  adjoining  or  having  within 
their  boimdaries  an  incorporated  city,  town  or  village,  of  less  than  fifteen 
hundred  inhabitants,  from  holding  their  election  and  having  their  voting 
place  within  the  corporate  limits  of  such  city,  town  or  village,  providing 
the  Board  of  County  Commissioners,  or,  in  case  the  place  designated  by 
the  Board  of  County  Commissioners  becomes  removed,  destroyed  or  un- 
available for  any  cause  between  the  date  when  any  regular  or  special 
meeting  of  the  Board  of  County  Commissioners  is  held  and  the  date  of 
any  election,  the  Board  of  Supervisors  of  the  township,  shall  designate  a 
place  within  such  city,  town  or  village  as  the  voting  place  for  such  town- 
ship. Provided,  further,  that  when  the  combined  vote  of  any  township 
and  incorporated  city,  town  or  village,  or  the  combined  vote  of  any  town- 
ship and  any  i>ortion  of  any  incorporated  city,  town  or  village,  within  its 
boundaries,  or  within  the  town  lines  or  section  lines  which  form  the 
boundaries  thereof,  does  not  exceed  five  hundred,  such  township  and  in- 
corporated city,  town  or  village  may  have  but  one  voting  place.  (C.  L. 
1913,  950;  R.  C.  1905,  §  607;  1891,  ch.  66,  §  7;  1897,  ch.  44;  R.  C.  1895, 
§  481 ;  1903,  ch.  90;  1915,  ch.  147;  1919,  Sp.  S.  L.  ch.  33.) 

Discretion  of  commissioners  cannot  be  controlled  by  mandamus.  State  r. 
Denoyer,  6  N.  D.  600.  72  N.  W.  1014. 

Election  precincts  in  cities.     State  v.  Wilcox,  11  N.  D.  329,  91  N.  W.  955. 

County  division  line  running  through  civil  township.  State  v.  Nichols,  39  N. 
D.  4,  166  N.  W.  813. 

Where  a  voting  place  at  a  primary  election  is  duly  established  by  the  County 
Commissioners,  at  a  certain  place,  an  election  held  at  another  place  over  three 
mOei  distant,  pursiiant  to  a  resolution  of  a  majority  of  the  voters  of  the  precinct 


158  STATE  OF  NORTH  DAKOTA 


assembled  at  a  political  meeting  is  unauthorized,  and  the  returns  of  the  election 
held  at  such  place  should  not  be  canvassed.  Elvick  v.  Groves,  17  N.  D.  561,  118 
N.  W.  228,  followed  State  v.  Ely,  23  N.  D.  619,  137  N.  W.  834. 

See  section  1030. 

See  Opinions  of  the  Attorney  General,  Nos.  66  and  67. 

See  Fuerst  v.  Semmler,  28  N.  D.  418,  149  N.  W.  115. 

Validity  of  apportionment  of  election  districts.    15  L.  R.  A.  561. 

Interference  with  election  districts  by  annexation  of  property  to  mtmicipality. 
27  L.  R.  A.  744. 

Effect  of  laches  in  iquestioning  unconstitutional  apportionment  of  election  dis- 
tricts.   10  L.  R.  A.  (N.  S.)  1184. 


JOINT   OWNERSfflP   OF  PUBLIC  BUILDINGS. 

Ch.  45,  Sp.  S.  L.  1919.  §  1.  Civil  townships  and  incorporated  towns 
or  villages  located  within  the  boundaries  thereof,  may,  when  so  author- 
ized by  three-fourths  of  the  legal  voters  of  each,  present  and  voting  at 
separate  elections,  acquire  and  use  jointly,  public  buildings  and  grounds 
within  the  corporate  limits  of  either.  The  question  of  such  joint  acquisi- 
tion and  use  may  be  submitted  at  regular  or  legally  called  special  elec- 
tion of  both  municipalities,  held  not  more  than  three  months  apart,  and 
when  once  submitted  may  not  again  be  submitted  within  one  year. 

§  2.  Such  townships,  towns  or  villages  may  incur  indebtedness  and 
provide  for  the  payment  thereof,  severally  but  not  jointly,  for  the  acquir- 
ing of  such  public  buildings  and  grounds  in  the  manner  provided  by 
Article  14,  Article  24  and  Article  25,  of  the  Political  Code  of  1913,  and 
acts  amendatory  and  supplementary  thereto,  and  within  the  limit  pro- 
Tided  by  the  Constitution. 

§  3.  Such  public  buildings  and  grounds  shall  be  in  the  joint  custody 
and  control  of  the  governing  boards  of  such  villages  and  townships,  which 
shall  make  and  enforce  lawful  and  reasonable  regulations  for  the  care, 
protection  and  use  thereof. 

§  4.  All  meetings  and  elections  of  such  municipalities  provided  by 
law  to  be  held,  and  otherwise  legally  called  and  held,  may  be  held  in  such 
public  buildings  whether  wholly  or  partly  within  one  or  wholly  or  partly 
within  the  other. 


ARTICLE  12.— ELECTION  OFFICERS  AND  THEIR  DUTIES. 

§  951.  INSPECTORS  AND  JUDGES  OF  ELECTION.  QUALIFI- 
CATIONS OF.  DUTIES.  The  chairman  of  the  board  of  supervisors  in 
organized  townships  shall  by  virtue  of  his  office  be  inspector  of  elections. 
In  case  the  township  contains  more  than  three  hundred  voters,  such 
chairman  shall  be  inspector  of  elections  in  the  precinct  in  which  he  re- 
sides, and  shall  appoint  the  inspector  in  all  other  precincts  which  are 
component  parts  of  the  township  of  which  he  is  chairman.  In  case  the 
township  and  any  incorporated  town  or  village  within  its  limits  contain 


ELECTION   LAWS   OF   NORTH    DAKOTA  159 

less  than  three  hundred  voters  and  such  township  or  incorporated  town 
or  village  have  but  one  voting  place,  the  chairman  of  the  tow^nship  board 
of  supervisors  shall  be  inspector  of  elections.  In  all  cities  in  which  the 
aldermen  are  elected  in  different  years,  the  senior  alderman  shall  be  in- 
spector of  elections  for  the  precinct  in  which  he  resides;  and  in  cities  in 
which  the  aldermen  are  not  so  elected,  the  alderman  who  shall  act  as 
inspector  of  elections  shall  be  determined  by  lot  in  such  manner  as  the 
city  council  shall  prescribe.  In  case  a  ward  in  any  city  contains  more 
than  three  hundred  votes,  the  senior  alderman  or  the  alderman  chosen 
by  lot  shall  be  inspector  of  elections  for  the  precinct  in  which  he  resides, 
and  shall  appoint  the  inspectors  in  all  other  precincts  which  are  com- 
ponent parts  of  the  ward  of  which  he  is  alderman.  In  incorporated 
towns  and  villages  the  president  of  the  town  or  village  board  of  trustees 
shall  act  as  inspector,  and  if  the  town  or  village  contains  more  than 
three  hundred  voters,  he  shall  act  as  inspector  of  the  precinct  in  which 
he  resides,  and  appoint  the  inspectors  in  the  other  precincts.  In  case  the 
alderman  designated  or  selected  to  act  as  inspector  in  any  ward  is  dis- 
qualified from  acting,  the  other  alderman  of  the  ward  shall  act  as  in- 
spector, and  appoint  other  inspectors  when  necessary ;  and  in  case  the 
president  of  the  board  of  trustees  of  any  town  or  village  is  disqualified, 
the  remaining  members  of  the  board  shall  select  one  of  their  number  to 
act  as  such  inspector,  and  appoint  other  inspectors  when  necessary.  The 
inspector  shall,  prior  to  the  opening  of  the  polls  in  his  precinct,  appoint 
as  judges  of  election  two  qualified  electors  of  such  precinct  who  shall 
have  been  resident  freeholders  therein  for  at  least  ninety  days  next  pre- 
ceding such  election,  and  who  are  members  of  different  political  parties 
and  of  the  parties  which  cast  the  highest  number  of  votes  at  the  pre- 
ceding general  election ;  provided,  that  if  at  least  one  week  prior  to  such 
election  the  chairman  of  the  county  central  committee  of  either  of  the 
two  parties  that  cast  the  largest  number  of  votes  in  the  state  at  the  last 
general  election,  shall  nominate  a  member  of  such  party  as  judge,  having 
the  qualifications  above  prescribed,  presenting  a  certificate  of  such  nom- 
ination signed  by  such  chairman,  he  shall  be  appointed  by  the  inspector, 
and  such  judges  together  with  the  inspector  shall  constitute  the  board 
of  elections.  No  person  shall  be  a  member  of  the  board  of  elections  who 
has  anything  of  value  bet  or  wagered  on  the  result  of  such  election, 
or  who  is  a  candidate  or  is  the  father,  father-in-law,  son,  son-in-law, 
brother,  or  brother-in-law  of  any  candidate  at  such  election.  If  at  any 
time  before  or  during  an  election  it  shall  be  made  to  appear  tb  any  in- 
spector, by  the  afladavit  of  two  or  more  qualified  electors  of  the  precinct, 
that  either  of  the  judges  is  disqualified  under  the  provisions  of  this  sec- 
tion, he  shall  at  once  remove  such  judge  and  fill  the  place  with  a  qual- 
ified person  of  the  same  political  party  as  the  judge  removed,  and  in  case 
such  person  so  disqualified  shajl  have  taken  the  oath  of  oflBce  as  pre- 
scribed by  law,  the  inspector  shall  place  such  oath  and  aflSdavit  before 
the  state's  attorney  of  the  county;  provided,  that  in  case  such  inspector  is 


160  STATE  OF  NORTH  DAKOTA 


disqualified  from  acting,  the  other  two  members  of  the  board  of  town-  ■ 
ship  supervisors  and  the  clerk  shall,  at  least  ten  days  before  the  date  of 

holding    the    election,    hold    a    meeting   for    the    purpose    of    filling    such  ] 

vacancy.     Such  vacancy  shall  be  filled  by  appointing  an   inspector  who  I 

shall  belong  to  the  same  political  party  as  the  disqualified  inspector,  and  | 
the  name  of  the  inspector  so  appointed  shall  at  once  be  reported  to  the 

county  auditor  by  such  clerk.     (R.  C.  1905,  §  608;  1893,  ch.  60,  §  5 ;  1897,  j 

ch.  78;  R.  C.  1895,  §  483;  ch.  27,  §  3,  Pol.  C.  1877.)  j 

City  commissioners  are  not  required  to  select  one  of  their  number  by  lot,  the  J 

person  so  chosen  to  act  as  inspector  in  the  precinct  in  which  he  resides  and  ap-  j 
point  the  inspectors  in  the  remaining  precincts.     McCurdy  v.   Lucas,  34  N.  D. 

613,  159  N.  W.  22.  \ 

Bi-partisan  election  boards.    9  R.  C.  L.  1013.  \ 

See  note  on  result  of  election  as  affected  by  lack  of  title  or  by  defective  title 

of  election  officers.    1  A.  L.  R.  1535.  ; 

See  Opinions  of  the  Attorney  General,  No.  68.  i 

§   952.     INSPECTORS  OF   ELECTION   IN   UNORGANIZED  TOWN-  j 
SHIPS,  HOW  APPOINTED.     In  precincts  consisting  of  unorganized  town-  ! 
ships  the  board  of  county  commissioners  shall  at  the  July  session  of  such  i 
board  next  preceding  an  election  appoint  in  each  precinct,  as  inspector  of 
such  election,  some  qualified  elector  of  such  precinct.    Such  inspector  shall  ; 
before  the  time  of  opening  the  polls  in  his  precinct  appoint  two  judges  « 
of  election  as  provided  in  the  preceding  section  and  such  judges  and  in-  i 
spector  shall  constitute  the  board  of  election  for  that  precinct.   If  any  mem-  ; 
ber  of  the  board  of  election  shall  fail  to  appear  at  the  hour  appointed  for  the  ' 
opening  of  the  polls  the  remainder  of  the  board  shall  select  a  member  of 
his  political  party  to  serve  in  his  stead;  provided,  that  if  the  qualified  ; 
electors  of  his  party  present  at  the  polls  shall  nominate  a  qualified  person  ' 
for  such  vacancy,  such  nominee  shall  be  appointed.    If  none  of  the  mem-  ' 
hers  of  the  election  board  shall  appear  at  the  hour  appointed  for  opening  i 
the  polls  the  qualified  electors  present  shall  elect  a  board  viva  voce  as 
nearly  as  possible  in  conformity  with  the  provisions  hereof.     (R.  C.  1905, 
§  609;  1891,  ch.  66,  §  16b;  R.  C.  1895,  §  484.) 

§   953.     POLL   CLERKS.      Such   board   of  election   shall   appoint  as  I 
poll  clerks  two  qualified  electors  of  the  precinct,  one  from  each  of  the 
two  parties  that  cast  the  largest  vote  at  the  last  state  general  election. 
(R.  C.  1905,   §  610;  1891,  ch.  66,   §  16c;  R.  C.  1899,  §  485;  ch.  27,   §  4,   ' 
Pol.  C.  1877.) 


§  954.  OATH  OF  ELECTION  OFFICERS.  Previous  to  the  votes 
being  taken  the  inspectors,  judges  and  clerks  of  election  shall  severally 
take  and  subscribe  an  oath  in  the  following  form:  "I,  A.  B.,  do  solemnly 
swear  (or  aflBrm  as  the  case  may  be),  that  I  will  perform  the  duties  of 
inspector,  judge  or  clerk  (as  the  case  may  be),  according  to  law  and  the 
best  of  my  ability;  and  that  I  will  studiously  endeavor  to  prevent  fraud, 
deceit  and  abuse  in  conducting  the  same."     Such  oath  may  be  taken  be- 


ELECTION   LAWS   OF   NORTH    DAKOTA  161 


fore  any  officer  authorized  to  administer  oaths,  and  in  case  no  such  of- 
ficer is  present  at  the  opening  of  the  polls  the  inspector  or  judges  of 
election  are  authorized  to  administer  such  oaths  to  each  other  and  to  the 
clerks  of  election  and  the  person  administering  such  oaths  shall  cause  an 
entry  thereof  to  be  made  and  subscribed  by  him  and  prefixed  to  the  poll 
book.     ( R.  C.  1905,  §  611 ;  R.  C.  1899,  §  48G ;  Ch.  27,  Pol.  C.  1877.) 

See  Note,  1  A.  L.  R.  1542. 

§  955.  POLL  LIST,  CLERK  TO  KEEP.  Each  clerk  of  election  shall 
keep  a  poll  list  which  shall  contain  in  numerical  order  the  names  of  all 
the  persons  voting  at  such  election.  (R.  C.  1905,  §  612;  R.  C.  1899,  §  487; 
€h.  27.  §  19.  Pol.  C.  1877.) 

§  956.  DUTY  OF  INSPECTOR  AND  JUDGE  TO  CHALLENGE.  If 
any  inspector  or  judge  of  election  shall  know  or  have  reason  to  believe 
that  any  person  offering  to  vote  is  not  a  qualified  elector  it  shall  be  his 
duty  to  challenge  the  right  of  such  person  to  vote.  (R.  C.  1905,  §  613; 
R.  C.  1895,  §  488 ;  Ch.  27,  §  23,  Pol.  C.  1877. ) 

Duty  of  election  officer  to  accept  sworn  vote.     36  L.  R.  A.  (N.  S.)  968. 


ARTICLE  13.— ELECTION  SUPPLIES. 

§  957.  BALLOTS  TO  BE  PRINTED  AND  DISTRIBUTED  AT  PUB- 
LIC EXPENSE.  At  all  general  or  special  elections  for  state,  district, 
county,  city,  township,  village  or  other  public  officers  within  this  state,  in- 
cluding elections  in  cities,  towns  and  villages  incorporated  by  special  act, 
all  ballots  cast  shall  be  printed  and  distributed  at  public  expense,  as  here- 
inafter provided.  The  printing  of  ballots  and  cards  of  instruction  for  the 
electors  in  each  county  and  the  delivery  of  the  same  to  the  election  officers 
as  hereinafter  provided  shall  be  a  county  charge  and  for  municipalities  a 
municipal  charge,  the  payment  of  which  shall  be  provided  for  in  the  same 
manner  as  other  county  and  municipal  expenses ;  provided,  that  the  pro- 
visions of  this  chapter  shall  not  apply  to  elections  for  civil  township  or 
school  district  officers,  nor  to  elections  in  incorporated  cities  and  villages 
having  less  than  three  hundred  legal  voters  as  evidenced  by  the  vote  cast 
therein  at  the  last  preceding  city  or  village  election.  (R.  C.  1905,  §  614; 
1891,  ch.  66.  §  1;  1893,  ch.  60,  §  1 ;  R.  C.  1895,  §  489.)     See  sec.  902. 

Ballot  provision  is  mandatory  to  extent  that  ballot  must  be  provided  substan- 
tially meeting  statutory  requirements  permitting  elector  to  vote  for  place  thereon 
by  making  cross  after  it.     Miller  v.  Norton,  22  N.  D,  196,  132  N.  W.  1080. 

§  958.  ELECTOR  MAY  WRITE  NAME  OF  CANDIDATE  ON 
TICKET,  WHEN.  Except  as  otherwise  provided  in  this  chapter  it  shall 
be  the  duty  of  the  auditor  of  each  county  to  provide  printed  ballots  for 
every  election  for  public  officers  in  which  the  electors  or  any  of  the  elec- 
tors  within   the  county  participate  and  he  shall  cause  to  be  printed  on 


162  STATE  OF  NORTH  DAKOTA  ^ 

the  ballots  the  name  of  each  candidate  whose  name  has  been   certified  : 

to  or  filed  with  him  in  the  manner  provided  for  in  this  chapter.     Ballots  , 

other  than  those  printed  by  the  respective  county  auditors  shall  not  be  \ 

cast  or  counted  in   any  election.     Nothing  in   this  chapter  shall  prevent  ] 

any  voter  from  writing  or  pasting  on  his  ballot  the  ntme  of  any  person  | 

for  whom  he  desires  to  vote  and  such  vote  shall  be  counted  the  same  as  ! 

if  printed  on  the  ballot  and  marked  by  the  voter.      (R.  C.  1905,   §  615;  i 

1891,  ch.  66,  §  15;  R.  C.  1899,  §  490.)  : 

Official    ballot    is    not    invalidated   by    addition    of    printed    blanket    stickers. 

Roberts  v.  Bope,  14  N.  D.  311,  103  N.  W.  935.  i 

Blanket  sticker  ballots  are  void.     Peterson  v.   Bd.  of  Comm.,  23  N.   D.  553,  j 

137  N.  W.  484.  ; 

See  sec.  857.  ' 

Supreme  court  may,  by  mandamus,  direct  county  auditor  which  of  two  sets  \ 

of  nominees  to  put  on  ballot.     State  ex  rel.  Howells  v.  Metcalf,  18  S.   D.  393,  67  \ 

L.  R.  A.  331,  100  N.  W.  923.  \ 

§  959.     BALLOTS.     HOW  PREPARED.     All  ballots  prepared  under  \ 

the  provisions  of  this  chapter  shall  be  vs^hite  and  of  uniform  quality  of  ; 

paper  printed  in  black  ink,  and  of  sufficient  width  to  contain  all  of  the  i 

tickets  to  be  voted  for,  under  the  appropriate  party  designation  for  each  j 

and  of  sufficient  length  to  contain  all  the  names  of  the  candidates  to  be  ] 

voted  for  at  said  election.     On  the  left  hand  of  said  ticket  shall  be  a  I 

column  designating  the  office  to  be  voted  for,  and  on  the  same  line  in  the  ; 

column  under  the  appropriate  party  designation  of  each,  all  the  names  of  ■ 
the  candidates  duly  nominated  for   that  office  shall  be   printed.     Where 

there  is  more  than  one  person  to  be  elected  to  an  office,  there  shall  be  i 

printed  in  plain  type  immediately  under  the  designation  of  the  office  to  ; 
be  voted  for,  the  following  words,  "Vote  for   (number)  names  only;  Mark 
X  after  name  to  be  voted  for   and   cross  out  names   not   desired.     The 

names  of  the  greatest  number  of  candidates  for  such  an  office  appearing  I 

in  either  of  the  two  left  hand  columns,  or  if  said  two  left  hand  columns  I 
have  an   equal  number  of  names,   then  the   first  left  hand   column,   and 

every  second  column  to  the  right  thereof  on  said  ballot  shall  be  alternated  , 

in  the  printing  of  said  official  ballot  for  each  precinct  by  changing  the  j 
iwsition  of  the  names  in  each  office  division  as  many  times  as  there  are 
candidates  for  such  office."     There  shall  be  a   space  between  the  party 

designation  at  the  top  of  each  column  and  the  names  at  the  head  of  the  ; 

ticket  of  five-eighths  of  an  inch,  in  the  center  of  which  there  shall  be  a  i 

square  formed  of  black  lines,  in  which  the  voter  by  his  mark  may  de-  ' 
Clare  that  he  voted  for  all  names  printed  in  that  column,  except  such  as 
are  erased,  or  pasted  or  written  over,  or  where  the  voter  places  a  cross 
(X)  or  mark  following  the  name  of  a  candidate  in  another  column,  such 
name  shall  be  counted  in  lieu  of  the  name  for  the  same  office  in  the  col- 
umn voted  for  at  the  head  of  the  ticket;  provided,  further,  that  where 

there  are  groups  of  names  for  a  like  position  and  a  cross   (X)   is  placed  \ 
at  the  head  of  a  party  designation,  and  the  voter  places  a  cross  or  mark 


ELECTION   LAWS   OF   NORTH    DAKOTA  163 

following  the  name  of  one  or  more  candidates  in  a  group,  in  another 
column  and  fails  or  neglects  to  strike  out  the  same  number  of  names  in 
the  column  originally  voted  for,  the  intention  of  the  voter  shall  be  con- 
strued to  having  voted  for  the  name  or  names  in  the  group  so  marked  and 
the  name  or  names  in  the  same  line  on  the  opposite  group  shall  not  be 
counted.  There  shall  also  be  left  under  the  name  of  each  candidate  suf- 
ficient space  to  write,  or  paste  a  name  therein,  in  lieu  of  the  one  printed 
on  the  ticket,  and  on  the  same  line  with  the  name  of  each  candidate,  and 
at  the  end  of  his  name  there  shall  be  a  space  enclosed  in  a  square  of 
black  lines,  in  which  the  voter  may  designate  by  a  cross  or  other  mark, 
his  choice  for  each  candidate  opposite  the  name  of  such  candidate.  The 
fact  that  a  name  has  been  written  or  pasted  opposite  the  oflSce  to  be  voted 
for  shall  be  deemed  suflacient  evidence  that  the  i)erson  depositing  such 
ballot  intended  to  vote  for  the  person  whose  name  he  has  written  or 
pasted  thereon,  and  not  for  the  person  whose  name  was  originally  printed 
on  the  ballot  whether  he  shall  make  a  mark  or  cross  opposite  such  writ- 
ten or  pasted  name  or  not.  The  names  of  candidates  under  headings 
designating  each  oflBcial  position  shall  be  alternated  on  the  official  ballot 
in  the  printing  in  the  manner  as  provided  by  the  primary  election  law. 
(Person  nominated  by  paper  or  by  petition  shall  be  placed  in  one  or 
more  columns  under  the  designation  of  "Individual  Nominations,"  on  the 
same  line  with  the  offices  for  which  they  are  nominated.) 

Constitutional  amendments  duly  certified  to  the  auditor  by  the  sec- 
retary of  state  or  any  question  to  be  voted  for  aside  from  the  election  of 
public  officers,  shall  be  printed  on  a  separate  ballot  and  shall  be  deposited 
in  a  box  separate  from  that  provided  to  receive  the  ballots  for  public  of- 
ficers. The  ballots  must  embrace  the  constitutional  amendments  in  full, 
and  there  shall  be  printed  at  the  bottom  of  the  amendments  the  word 
"yes"  and  underneath  the  same  word  "no,"  and  opposite  each  a  square 
formed  of  black  lines,  and  the  elector  shall  designate  by  a  cross  or  other 
mark  within  the  square  how  he  desires  his  vote  recorded.  If  the  question 
be  other  than  a  constitutional  amendment,  it  shall  be  stated  fully  and 
fairly  on  such  ballot,  and  the  words,  "yes"  and  "no,"  shall  be  printed  on 
the  ballot  at  the  close  of  the  statement  of  the  question  in  separate  lines 
with  a  square  formed  of  black  lines  after  each  in  which  the  voter  may 
indicate  by  cross  or  other  mark  how  he  desires  to  vote  on  the  question. 
Where  two  or  more  amendments  or  questions  are  to  be  voted  on  they  shall 
be  printed  on  the  same  ballot.  (1911,  ch.  130;  R.  C.  1905,  §  616;  1891,  ch. 
66,  §  17;  1893,  ch.  60,  §  6;  R.  C.  1899,  §  491;  1905,  ch.  109.) 

Duty    of    secretary    of    state    to    certify    proposition    for    new    constitutional 

convention  to  county  auditors,  when.     State  ex  rel.  Wineman  v.  Dahl,  6  N.  D. 

81,  68  N.   W.  418. 

A  reasonable  regulation  of  the  manner  of  exercising  the  right  of  suffrage 

ia  valid  and  constitutional.     State  v.  Porter,  13  N.  D.  406,  100  N.  W.  1080. 

Supreme    court    may,    by    mandamus,    direct    county    auditor    which    of    two 

sets  of  nominees  to  put  on  ballot.     State  ex  rel.  Howells  v.  Metcalf,  18  S.  D. 

393,  67  L.  R.  A.  331,  100  N.  W.  923. 


164  STATE  OF  NORTH  DAKOTA 


An  elector  must  mark  his  ballot  substantially  as  required  by  law.  Vallier 
V.  Brakke,  7  S.  D.  343,  64  N.  W.  180;  Church  v.  Walker,  10  S.  D.  90,  72 
N.    W.    101. 

Cross  at  the  head  of  party  ticket,  but  not  within  circle,  is  a  nullity.  Cross 
at  the  right  of  candidates  name  of  no  effect.  Straight  diagonal  line  at  left  of 
candidate's  name  should  be  disregarded.  Informality  in  making  cross  should 
be  disregarded,  when  intention  is  clearly  apparent.  Vallier  v.  Brakke,  7  S.  D. 
^43,  64  N.   W.  180. 

Circles  at  the  head  of  two  different  tickets  makes  the  ballot  void.  Moody 
V.  Davis,  13  S.  D.  86,  82  N.  W.  410;  McKittrick  v.  Pardee,  8  S.  D.  39,  65  N.  W. 
23;  Vallier  v.   Brakke,  7  S.   D.  343,  64  N.   W.   180. 

Cross  stamped  within  circle  at  head  of  party  ticket  not  nullified  by  another 
cross  made  inadvertently  just  outside  of  circle.  McMahon  v.  Polk,  10  S.  D. 
296,  73  N.  W.  77,  47  L.  R.  A.  830. 

Marking  within  square  mandatory.  Howser  v.  Pepper,  8  N.  D.  484,  79  N.  W. 
1018;  Perry  v.  Hackney,  11  N.  D.  148,  90  N.  W.  483. 

Official  ballot  is  not  invalidated  by  addition  of  printed  stickers.  Roberts 
v.   Bope,  14  N.   D.  311,  103  N.  W.  935. 

See  note  to  sec.  958. 

As  to  necessity  for  majority  vote  on  question  of  increased  jurisdiction  of 
county  court.     State  ex  rel.  Davis  v.   Fabrick,  18  N.   D,  402,  121   N.   W.  65. 

When  the  name  of  a  person  is  written  or  pasted  upon  the  official  ballot 
opposite  the  office  to  be  voted  for,  it  should  be  counted  as  a  vote  for  such  person 
for  that  office,  even  though  there  is  no  mark  in  the  square  opposite  such  name. 

A  ballot  on  which  the  elector  has  marked  a  party  square,  and  has  marked 
the  name  of  a  candidate  for  an  office  in  the  opposition  ticket,  and  has  not  marked 
the  name  of  the  candidate  for  such  office  on  his  party  ticket  by  an  individual 
mark,  thus  clearly  expresses  his  intention  to  vote  for  the  person  whose  name 
he  has  marked,  and  not  for  his  party  candidate,  which  intention  must  be 
given  effect  by  counting  it  for  the  person  whose  name  is   so  marked. 

Where  a  ballot  contains  other  than  legal  marks,  such  marks  will  be 
presumed  to  have  been  innocently  or  unintentionally  made,  and  such  ballot 
will  be  counted,  unless  it  appears  from  the  marks  themselves  or  by  evidence 
aliunde,  that  they  were  intended  as  distinguishing  marks:  and  whether  a 
ballot  which  has  distinguishing  marks  will  be  held  void  in  absence  of  a  statute 
so   declaring   not   decided. 

A  ballot  which  is  marked  with  a  single  straight  mark  in  the  party  square 
should  be  counted.     Howser  v.  Pepper,  8  N.  D.  484,  79  N.   W,   1018. 

Form  of  ballot,   referendum.     Daly  v.   Beery,    N.   D ,  178  N.   W. 

106. 

The  petitioners  have  a  right  to  have  their  names  appear  in  the  column 
of  "'Individual  Nominations",  and  they  have  a  further  right  to  have  removed 
from  this  column  all  semblance  of  political  party  affiliation  on  the  part  of 
other  candidates  appearing  in  the  same  column  except  insofar  as  party  affilia- 
tion may  be  inferred  from  the  word  or  words  used  to  designate  the  principles 
for  which  the  nominees  having  individual  nominations  stand.  State  v.  Hall, 
N.  D ,  179  N.   W.  712. 

Marking  ballot,  20  C.  J.  page  156,  9  R.  C.  L.  1135. 

A  ballot  on  which  a  mark  or  character  is  used,  which  though  indicating  an 
intention  to  vote  a  particular  party  ticket  or  for  certain  candidates,  at  the 
same  time  serves  the  purpose  of  indicating  who  voted  it,  thereby  furnishing  the 
means  to  designing  persons  of  evading  the  law,  will  be  rejected  under  the 
Illinois  ballot  law,  although  nothing  is  said  in  that  act  about  distinguishing 
marks.  Parker  v.  Orr  (1895)  158  111.  609,  30  L.  R.  A.  227,  41  N.  E.  1002. 
47  L.  R.  A.  820. 


ELECTION   LAWS   OF   NORTH   DAKOTA  165 


Unauthorized  marks  not  of  a  character  to  be  readily  used  for  the  purpose 
of  identification,  or  some  slight  mark  inadvertently  placed  on  the  ballot  by 
reason  of  the  voter's  unskilfulness,  do  not  require  the  rejection  of  the  ballot; 
but  where  the  unauthorized  marks  are  made  deliberately,  and  may  be  used 
for  the  purpose  of  identifying  the  ballot,  it  should  be  rejected.  Whittam  t. 
Zaborik  (1894)  91  Iowa  23,  59  N.  W.  57.     47  L.  R.  A.  824. 

See  Opinions  of  Attorney  General  Nos.  69  and  70. 

Irregularities  in  marking  ballots.     16  L.   R.  A.   754. 

Validity  and  construction  of  law  as  to  marking  ballots.     47  L.  R.  A.  806. 

Official  marks  on  ballots.     47  L.  R.  A.  808. 

Name  not  on  official  ballot,  right  of  electors  to  vote  for.  91  Am.  St. 
Rep.   682. 

§  960.  PRINTING  OF  CONSTITUTIONAL  AMENDMENTS.  When- 
ever required  by  law  that  ballots  shall  have  printed  thereon  the  full  text 
of  any  proposed  amendment  to  the  constitution,  each  ballot  on  which 
is  printed  such  a  proposed  amendment  shall  have  the  particular  new  word, 
words,  phrase  or  phrases  comprising  such  amendment  emphasized  as 
follows : 

(a)  In  case  the  proposed  amendment  consists  of  the  addition  of 
new  words  or  phrases  the  heading  shall  read : 

To  amend  section of  article  of  the  consti- 
tution, by  adding  the  words  (here  insert  the  words  added)  so  as  to  read 
as  following:    (followed  by  the  article  as  amended.) 

(b)  In  case  the  proposed  amendment  consists  of  the  omission  of 
certain  words  or  phrases,  the  heading  shall  read : 

To  amend  section of  article  of  the  constitu- 
tion, by  omitting  the  words  (here  insert  the  words  omitted)  so  as  to  read 
as  follows:     (follow  by  the  article  as  amended). 

(c)  In  case  the  proposed  amendment  causes  a  rearrangement  and 
reconstruction  of  the  particular  article  to  be  amended,  then  the  heading 
«hall  state  briefly  the  object  of  such  amendment.     (1913,  ch.  221,  §  1.) 

§  961.  ADVERTISEMENT  OF  PROPOSED  CONSTITUTIONAL 
AMENDMENT.  Any  advertisement  relating  to  the  proposed  amendment 
to  the  constitution  which  is  published  in  any  newspaper  or  pamphlet  under 
the  authority  of  the  secretary  of  state  shall  also  have  the  particular 
words  or  phrases  forming  the  amendment  printed  in  different  type  and 
in  the  same  manner  as  provided  in  section  960.     (1913,  ch.  221,  §  2.) 

§  962.  CANDIDATE'S  NAME  IN  ONE  COLUMN  ONLY.  When  the 
same  candidate  has  been  nominated  for  the  same  office  by  more  than  one 
assembly,  convention  or  body  of  electors  qualified  to  make  nomina- 
tions for  public  oflSce,  such  candidate  shall  file  with  the  proper  officer 
designated  in  section  971,  on  or  before  the  day  fixed  by  law  for  the  filing 
of  certificates  of  nomination  for  such  office,  a  statement  in  writing  signed 
by  himself  designating  one  of  the  columns  upon  such  ballot  allotted  to 
one  of  the  parties,  assemblies,  conventions  or  bodies  of  electors  by  whom 


166  STATE  OF  NORTH  DAKOTA 

said  candidate  has  been  nominated,  as  to  the  column  ui>on  such  ballot 
in  which  such  candidate  desires  his  name  to  appear  upon  such  ballot, 
and  such  candidate's  name  shall  be  printed  upon  such  ballot  in  such 
column,  but  in  no  other.  But  if  such  candidate  shall  refuse  or  neglect  to 
give  notice  to  the  proper  oflScer,  as  above  provided,  specifying  in  which 
column  he  wishes  his  name  printed  on  the  ballot,  then  in  such  case  the 
said  officer  shall  cause  his  name  to  be  printed  in  the  column  of  the  party 
or  political  organization  from  which  he  received  first  notice  of  such 
person's  nomination.  (R.  C.  1905,  §  617;  1891,  ch.  66,  §17;  1893,  ch. 
60,  §  6;  1897,  ch.  76;  R.  C.  1899,  §  491.) 

Not  unconstitutional  as  interference  with  right  of  suffrage.  State  ex  rel. 
Fisk  T.  Porter,  13  N.  D.  406,  67  L.  R.  A.  473,  100  N.  W.  1080,  3  A.  &  E. 
Ann.   Cas.  794. 

Constitutionality  of  legislation  affecting  party  representation  on  official 
ballot.    35  L.  R.  A.  (N.  S.)  353. 

Constitutionality  of  legislation  restricting  candidate  to  one  place  on  ballot. 
Z7  L,  R.  A.  (N.  S.)  825. 

§  963.  ARRANGEMENT  OF  NAMES.  The  candidates  of  the  party 
casting  the  highest  number  of  votes  in  the  combined  congressional  dis- 
tricts of  the  state  for  members  of  congress  at  the  last  preceding  general 
election  shall  be  arranged  in  the  first  or  left-hand  column  of  such  ballot; 
of  the  party  casting  the  next  highest  number  of  votes,  in  the  second 
column ;  of  the  party  casting  the  next  highest  number  of  votes,  in  the 
third  column ;  and  of  any  other  party  as  the  secretary  of  state  may  direct 
for  state  officers,  or  the  county  auditor  for  county  auditors,  the  municipal 
or  city  auditor,  or,  in  municipalities  or  cities  not  having  a  municipal  or 
city  audtor,  the  municipal  or  city  clerk,  for  municipal  or  city  officers ;  or 
the  president  of  the  board  of  trustees  of  incorporated  villages  for  village 
officers,  in  presidential  years.  The  names  of  electors  of  president  and  vice- 
president  of  the  United  States  presented  in  one  certificate  of  nomination 
shall  be  arranged  in  a  group  inclosed  in  brackets,  to  the  right  and  opposite 
the  center  of  which  shall  be  printed  in  bold  type  the  surname  of  the 
presidential  candidate  represented.  To  the  right  and  in  a  line  with  such 
surname,  near  the  margin,  shall  be  placed  a  single  square,  and  a  mark 
within  such  square  shall  be  designated  a  vote  for  all  the  electors,  and  such 
group  shall  be  placed  at  the  head  of  the  column  under  the  party  designated 
or  represented  in  such  certificate.  The  auditor  shall  prepare  the  necessary 
ballots  whenever  any  question  is  required  by  law  to  be  submitted  to  a 
vote  of  the  electors  of  any  subdivision  and  not  the  state  generally.  The 
municipal  or  city  auditor,  or  clerk,  as  the  case  may  be,  shall  prepare 
and  direct  the  printing  and  distributing  of  all  ballots  for  municipal  or 
city  elections  and  for  all  questions  that  may  be  submitted  to  a  vote  of 
the  electors  of  such  municipality,  except  as  provided  in  section  957. 
(1913,  ch.  152;  R.  C.  1905,  §  618;  1891,  ch.  66,  §17;  1893,  ch.  60,  §  6; 
1897,  ch.  76;  R.  C.  1899,  §  491. 


ELECTION   LAWS   OF   NORTH    DAKOTA  167 


It  is  the  duty  of  city  auditors  to  furnish  ballots  for  election  of  city  commis- 
sioners under  chapter  45  of  Laws  of  1907.  State  ex  rel.  Shaw  t.  Thompson, 
21  N.  D.  426,  131  N.  W.  231. 

An  elector  must  mark  his  ballot  substantially  as  required  by  law.  Vallier 
V.  Brakke,  7  S.  D.  343,  64  N.   W.   180. 

Circles  at  head  of  two  different  tickets  makes  the  ballot  Toid.  Moody  t. 
DaTis,  13  S.  D.  86,  83  N:  W.  410;  McKittrick  v.  Pardee,  8  S.  D.  39,  65  N.  W.. 
23;  Vallier  v.  Brakke,  6  S.  D.  343,  64  N.  W.  180. 

Cross  stamped  within  circle  at  head  of  party  ticket,  not  nullified  by  another 
cross  made  inadvertently  just  outside  of  circle.  McMahon  r.  Polk,  10  S.  D. 
296,  73  N.  W.  n,  47  L.  R.  A.  830. 

Marks  outside  square  are  not  to  be  counted.  Howser  t.  Pepper,  8  N.  D. 
484,  79  N.   W.   1018. 

Official  ballot  is  not  invalidated  by  addition  of  printed  stickers.  Roberts 
T.  Bope,  14  N.  D.  311,  103  N.  W.  935. 

See  note  to  958. 

On  mandamus  by  supreme  court  to  direct  coimty  auditor  which  of  two  sets 
of  nominees  to  put  on  ballot.  State  ex  rel.  Howells  v.  Metcalf,  18  S.  D.  393,  67 
L.  R.  A.  331,  100  N.   W.  923. 

Does  marking  some  but  not  all  of  the  candidates  on  a  party  ticket  defeat 
the  effect  of  marking  under  the  party  emblem  as  a  vote  for  the  omitted  candi- 
dates, where  no  votes  were  cast  for  their  opponents.     28  L.  R.  A.  (N.  S.)  461. 

"The  nomination  petitions  of  the  candidates  for  presidential  electors  who 
desire  to  be  designated  as  "Socialist"  on  the  ballot  are  individual  nominating 
petitions  and  do  not  purport  to  represent  the  action  of  the  party  as  such 
taken  in  any  convention  of  any  kind  or  in  any  primary  election.  They  are 
essentially  individual  nominations,  and  as  such,  they  are  not  entitled  to 
any  grouping  which  would  represent  concerted  party  action.  Neither  is  there 
any  warrant  for  printing  after  their  names  upon  the  official  ballot  the  designa- 
tion of  a  person  who  is  commonly  known  to  be  the  candidate  of  the  Socialist 
party  for  president.  Nor  is  there  any  warrant  for  the  printing  of  a  box  be- 
side the  name  of  the  person  who  is  regarded  as  the  candidate  of  the  Socialist 
party  for  President,  in  which  it  purports  to  be  possible  for  the  voter  to  vote 
by  one  cross  for  as  many  candidates  for  presidential  electors  as  there  are 
electors  to  be  elected.  (Section  959,  C.  L.  1913.)  In  brief,  under  the  form  of 
nominations  made,  the  candidates  who  have  stated  that  they  desire  to  be 
designated  as  Socialists  on  the  ballot  are  nothing  more  nor  less  than  individual 
nominees  and  there  is  no  warrant  for  any  sort  of  grouping  upon  the  ballot  or 
for  any  type  of  designation  thereon  that  will  tend  to  connect  them  with  the 
party  known   nationally  as   the   Socialist   party." 

"The  petitioners  have  a  right  to  have  their  names  appear  in  the  column 
of  "Individual  Nominations",  and  they  have  a  further  right  to  have  removed 
from  this  column  all  semblance  of  political  party  affiliation  on  the  part  of 
other  candidates  appearing  in  the  same  column  except  in  so  far  as  party 
affiliation  may  be  inferred  from  the  word  or  words  used  to  designate  the  prin- 
ciples for  which  various  nominees  having  individual  nominations  stand. 
Thus,  if  a  three -column  ballot  is  used,  it  should  contain  at  least  one  column 
devoted  exclusively  to  individual  nominations,  and  in  that  column  there  may 
not  be  placed  the  names  of  any  candidates  not  purporting  to  stand  on  individ- 
ual nominations.  If  the  "Socialist"  President  and  Vice  President  electors  remain 
in  the  column,  there  must  be  removed  therefrom  the  grouping  of  their 
names,  the  name  "Debs"  in  the  center  and  immediately  to  the  right  of  the 
group,    and   the    square   or    box    purporting   to    facilitate   voting    for    the   group 

as  a  unit."     State  v.  Hall N.  D 179  N.   W.  712. 

(The   form  of  certificate  filed  by   the   Socialist   candidates   in   this   instance 


168  STATE  OF  NORTH  DAKOTA 


followed  the  form  used  by  the  Progressive  party  in  1912,  that  is  separate  papers 
being  filed  for  each  candidate. 

(Below   are    given   forms    used    by    the    Independence    party    and    the    Pro- 
hibition   party    respectively   in    1908.     Ed.) 


INDEPENDENCE  PARTY  NATIONAL  TICKET. 

TO  THE  SECRETARY  OF  STATE  OF  THE  STATE  OF  NORTH  DAKOTA. 

We,  legally  qualified  voters  of  the  State  of  North  Dakota  residing  at   and 

having    our    Post    Office    addresses    at    the    respective    places    set    opposite    our 

names    establish    the     INDEPENDENCE     PARTY     for    the     state    of    North 

Dakota  and  nominate  as  our  national  committeeman  for  said   state 

a  legally  qualified  voter  of  the  said  State  residing  at  the  city  of , 

County  of and   State  of  North  Dakota,   and  nominate  and   select 

as  chairman  of  our  state  central  committee   a  legally  qualified 

voter  of  said  state  whose  Post  Office  address  and  residence  is  at 

County,    North    Dakota,    and    as    secretary    of    said    state 

central  committee  ,  a  legally  qualified  voter  of  said  state  whose 

Post  Office  address  and  residence  is  at  ,  County^ 

North  Dakota. 

For  President  of  the  United  States  we  nominate 

of ,  and  for  Vice-President 

of For  Presidential  Electors 

a  legally  qualified  voter  of  said  state  whose  residence  and  Post  Office  address 

is ,    County,    North    Dakota; 

of a  legally  qualified  voter  of 

said  state  whose  residence  and  Post  Office  address  is , 

County,    North    Dakota ;    a 

legally  qualified  voter  of  said  state  whose  Post  Office  address  and  residence  is 

County,    North    Dakota; 

a  legally  qualified  voter  of  said  state  whose  res- 
idence and  Post  Office  address  is North  Dakota. 

And  we  do  hereby  adopt  and  establish  the  name  INDEPENDENCE  PARTY 
and  hereby  create  said  party  within  and  for  said  state,  it  having  had  not  pre- 
vious existence  herein.  And  we  hereby,  by  this  petition  do  establish  said  party 
substituting  and  waiving  a  regularly  called  convention.  We  further  establish  this 
party  as  a  part  of  the  national  party  which  has  adopted  said  name  and  demand 
that  said  party  name,  followed  by  the  names  of  the  candidates  aforesaid  for 
President,  Vice-President,  and  Presidential  Electors,  be  printed  on  the  official 
ballot  of  this  state  to  be  submitted  to  the  qualifijed  electors  of  the  state  at  the 
next  regular  Presidential  Election  and  the  general  election  in  November  next. 
This  petition  and  demand  being  made  under  and  by  authority  of  the  Constitution 
and  laws  of  the  United  States  and  the  Constitution  and  laws  of  the  state  of 
North  Dakota,  and  by  virtue  of  the  right  of  the  qualified  electors  of  the  several 
states  to  exercise  their  right  to  support  such  candidates  and  such  party  as  they 
may  see  fit. 
Date.  Name.  Post   Office    Address.        Residence. 


CERTIFICATE  OF  INDIVIDUAL  NOMINATION 
for  Presidential  Electors  of  the  Prohibition  Party  for  the  State  of  North  Dakota. 

We,  the  undersigned  citizens  and  qualified  electors  of  the  state  of  North 
Dakota,  representing  the  Prohibition  Party  of  said  state,  do  hereby  certify,  and 
by   these  presents,   do  nominate   for   the  office  of  Presidential    Electors   to   rep- 


ELECTION   LAWS  OF   NORTH    DAKOTA 


resent  the  Prohibition  Party,  and  as  the  candidates  of  such  party  at  the  1908 
general  election,  the  following  candidates,  viz: 

whose  post  office  address  is 

,  whose  post  office  address  is 

whose  post  office  address  is 

whose  post  office  address  is *.... 

NAME.  ADDRESS. 


See  note  to  971a. 

§  964.  COUNTY  AUOITOR  TO  PREPARE  BALLOTS.  NUMBER. 
POLL  BOOKS.  The  county  auditor  of  each  county  shall  provide  for  each 
election  precinct  in  his  county  two  ballots  for  each  vote  cast  in  such  pre- 
cinct at  the  last  general  election.  Such  ballots  shall  be  distributed  in 
packages  or  blocks  containing  no  more  than  one  hundred  and  fifty  ballots 
each.  The  county  auditor  may  provide  for  any  such  precincts  .  such  ad- 
ditional ballots  as  he  may  deem  necessary.  Each  county  auditor  shall, 
at  least  five  days  before  any  election,  have  the  ballots  printed  and  the 
same  may  be  inspected  in  the  oflSce  of  such  auditor  by  any  person.  Such 
auditor  shall  also,  at  least  five  days  before  any  election,  send  to  the  in- 
spector in  each  precinct  five  copies  of  such  ballot  printed  upon  tinted 
paper,  and  such  inspector  shall  post  the  same  in  five  public  places  in  his 
precinct,  one  of  such  copies  to  be  posted  at  the  polling  place  therein,  for 
which  services  such  inspector  shall  receive  two  dollars.  The  auditor  shall 
at  the  time  of  distributing  such  copies  cause  to  be  delivered  to  the 
several  nsi>ectors  the  necessary  number  of  blank  forms  of  poll  books  and 
also  blanks  for  the  election  returns  with  the  proper  captions,  forms  of 
oath  and  forms  of  certificates  and  tally  sheets  necessary  to  carry  out 
the  provisions  of  this  chapter.  (R.  C.  1905.  §  619;  1891,  ch.  66,  §  18;  1893, 
ch.  60,  §  7 ;  1895,  §  492. 

Tally  sheet  no  part  of  official  returns.  State  ex  rel.  Sunderall  v;  McKenzie, 
10  N.  D.  132,  86  N.  W.  231. 

Mandamus  will  lie  to  compel  auditor  to  print  and  distribute  ballots.  State 
ex  rel.  Mitchell  v.  Larson,  13  N.  D.  420,  101  N.  W.  315. 

See  Opinions  of  the  Attorney  General,  No.  71. 

§  965.  BALLOTS,  HOW  DELIVERED.  OFFICIAL  STAMPS.  Each 
county  auditor  shall  deliver  or  cause  to  be  delivered  by  mail  or  other  re- 
liable method,  to  the  inspector  of  election  in  each  precinct  in  his  county, 
the  official  ballot  prepared  by  him,  together  with  suitable  manilla  wrap- 
pers as  hereinafter  provided,  at  least  twenty -four  hours  before  the  hour 
of  opening  of  polls  on  election  day.  Such  ballots  and  manilla  wrappers 
shall  be  delivered  in  sealed  packages  marked  on  the  outside  plainly 
designating  the  number  of  ballots  inclosed  and  the  precinct  for  which 
they  are  intended.  He  shall  also  deliver  or  cause  to  be  delivered  to  such 
inspector,  or  if  that  is  impracticable,  to  one  of  the  judges  of  election  of 
such  precinct,  a  stamp  with  an  ink-pad  for  the  purpose  of  stamping  each 
ballot   with  the  words  "official  ballot"   and  the  name  or  number  of  the 


170  STATE   OF  NORTH   DAKOTi^ 

: _ : , i 

I 

precinct,  the  name  of  the  county,  and  tho  date  of  the  election,  and  aNo  ■ 

a  metal  stamp  with  the  name  of  the  county  inscribed  thereon  for  the  i 

purpose  of  stamping  the  wrapper  containing  the  ballots  as  provided  in  ! 

section  1008.     (1913,  ch.  154  §  1 ;  R.  C.  1905,  §  620;  1891,  ch.  66,   §  20 ;  ' 

R.  C.  1895,  §  493.)  i 

Validity  of  statute  as  to  marking  official  ballot.     47  L.  R.  A.  806.  ■ 

§  966.  INSTRUCTIONS  TO  BE  PRINTED.  Each  county  auditor  j 
shall  cause  to  be  printed  on  cards  in  large  type  full  instructions  to  elec-  ' 
tors  as  to  the  manner  of  obtaining  and  preparing  ballots  and  also  con-  '■■ 
taining  a  copy  of  sections  1041,  1042.  9279  and  9280.  He  shall  furnish  \ 
ten  Such  cards  to  the  judges  of  election  in  each  election  precinct  and  the  : 
judges  of  election  shall  at  the  opening  of  the  polls  post  at  least  one  of  [ 
such  cards  in  each  booth  or  compartment  provided  for  the  preparation  of  ! 
ballots  and  at  least  three  of  such  cards  in  and  about  the  polling  place.  ; 
There  shall  also  be  posted  in  each  booth  or  compartment  one  of  the  of- 
ficial ballots  without  the  official  stamp  hereinbefore  provided  for,  and  not  ' 
less  than  three  of  such  ballots  shall  be  posted  in  other  places  in  and  ' 
about  the  polling  place  upon  the  morning  of  election.  ( R.  C.  1905,  §  621 ;  \ 
1891,  ch.  66,  §  29;  R.  C.  1899,  §  494.)  j 

Instructions  to  voters   should  be   sufficiently  explicit   so   as   to   fully   inform  ! 
electors   of   proper   method   of   preparing   their   ballots.      State    ex   rel.    Shaw   v. 

Harmon,  23  N.  D.  513,  137  N.  W.  427.  ' 

§    967.      POLL   BOOKS,    CONTENTS   OF   AND    HOW   DELIVERED.  \ 

It  shall  be  the  duty  of  the  county  auditor  to  provide  uniform  poll  books  j 

for  the  use  of  his  county,  each  poll  book  to  contain  a  copy  of  the  law  pre-  i 

scribing  the  qualifications  of  electors  and  so  much  of  this  chapter  as  re-  ! 
lates  to  the  duties  of  the  inspectors,  judges  and  clerks  of  election  and  the 

penalties  imposed  for  offenses;  such  poll  book  shall  also  contain  blanks  ^ 

for  all  entries  required  to  be  made  therein ;  he  shall  also  deliver  to  the  j 
sheriff  two  copies   of  said  poll  books  for   each   election  precinct   in   the 

county,  and  the  sheriff  shall  deliver  the  same  to  each  inspector  of  elec-  ■ 

tion,   and  such  inspector  of  election  shall  deliver  or  cause  the  same   to  ] 

be  delivered  to  the  clerks  of  election  in  his  precinct  on  the  day  of  elec-  ^ 

tion.      (R.  C.  1905,  §  622;  R.  C.  1895,  §  495;  Ch.  27,   §  46,  Pol.   C.  1877.)  I 

§    968.      BALLOT    BOXES    TO    BE    PROVIDED    BY    BOARD    OF 

COUNTY  COMMISSIONERS.     The  board  of  county  commissioners  shall  : 

at  the  expense  of  the  county  provide  suitable  ballot  boxes  for  each  election  ! 

precinct  in  its  county,  and  a  separate  ballot  box  in  which  the  ballots  of  j 
women  entitled  to  vote  under  this  chapter  shall  be  deposited.     (R.  C.  1905, 

§623;  R.  C.  1895,  §  496;  Ch.  27,  §  16,  Pol.  C.  1877.)  \ 

§    969.      BLANKS    TO    BE    TRANSMITTED    BY    SECRETARY    OF  ; 

'STATE.     The  secretary  of  state  shall  at  least  thirty  days  before  each  : 

gfeneral  election  transmit  to  each  county  auditor  blank  forms  and  envel-  j 

opes  for  all  returns  of  votes  required  to  be  made  to  his  (>ili(  e,  wirb  such  ] 
printed  directions  on  the  envelope  as  he  deems  necessary  for  the  guid- 


ELECTION  LAWS  OF  NORTH   DAKOTA  171 


ance  of  such  olficers  in  making  returns  according  to  law;  and  the  ex- 
penses of  furnishing  such  blanks  and  envelopes  shall  be  paid  for  by  the 
state.  (R.  C.  1905,  §  624;  R.  C.  1899,  §  497;  Ch.  27  §  4.S,  Pol.  C.  1S77.) 
§  970.  STATE  NOMINATIONS  CERTIFIED  HOW.  All  nomina- 
tions made  by  state  conventions  shall  be  certified  as  follows:  The  cer- 
tificate of  nomination,  which  shall  be  in  writing,  shall  contain  the  name 
of  each  person  nominated,  his  post  ofiice  address  and  the  oflSce  for  wMch 
he  is  named  and  shall  designate  in  not  more  than  five  words  the  party 
or  principle  which  such  convention  represents,  and  it  shall  be  signed  and 
verified  by  the  presiding  oflScer  and  secretary  of  such  convention  who 
shall  add  to  their  signatures  their  post  office  address.  Such  certificate 
made  out  as  herein  required  shall  be  delivered  by  the  secretary  or  pres- 
ident of  such  convention  by  registered  letter  or  in  person,  without  charge, 
to  the  secretary  of  state.  (R.  C.  1905,  §  625;  1891,  ch.  66,  §  3;  R.  C.  1895, 
§  499;  1905,  ch.  109.) 

Certificate  of  nomination  must  designate  the  office.  Anderson  v.  Falley,  9 
N.  D.  464,  83  N.  W.  913. 

Verification  of  certificate  of  nomination  is  not  required.  State  ex  rel.  Cooper 
V.  Blaisdell,  17  N.  D.  575,  118  N.  W.  225. 

nied  when  deposited  in  the  post-office  as  registered  mail.  State  t.  Hall, 
....N.  D ,  176  N.  W.  117. 

See  note  to  854. 

See  Opinions  of  the  Attorney  General,  No.  72. 

§  971.  CERTIFICATES  OF  NOMINATION,  WHERE  FILED.  Cer- 
tificates of  nomination  for  candidates  for  offices  to  be  filled  by  the  electors 
of  the  entire  state  or  of  any  division  or  district  greater  than  a  county 
and  for  legislative  offices  shall  be  filed  with  the  secretary  of  state.  (R.  C. 
1905,  §  626 ;  1891,  ch.  66,  §  4 ;  1893,  ch.  60,  §  4 ;  R.  C.  1899,  §  500 ;  1905, 
ch.  109.) 

Supreme  court  has  jurisdiction  to  issue  mandamus  to  compel  county  auditor 
to  receive  and  file  certificates  of  nomination  for  county  officers.  State  v.  Larik, 
9  N.  D.  461,  83  N.  W.  914. 

Secretary  of  state  must  certify  to  the  proper  county  officer  the  names  of  all 
persons  whose  nominations  for  office  have  been  filed  with  him.  State  v.  Falley, 
9  N.  D.  450,  83  N.  W.  860. 

No  substitution  of  names  when  certificate  of  original  nomination  not  filed  in 
the  office  of  the  secretary  of  state.  Lucas  v.  Ringsrud,  3  S.  D.  355,  53  N.  W. 
426. 

Certificate  of  nomination  for  candidates  for  the  legislative  assembly  must  be 

filed  with  the  secretary  of  state.     State  v.  Hall,  ....N.  D 176  N.  W.  117. 

Question  of  genuineness  of  sigrnatures  or  qualifications  of  signers  not  to  be 
raised  by  secretary  of  state.    State  v.  Blaisdell,  17  N.  D.  575,  118  N.  W.  225. 

§  971a.  NOMINATIONS  NOT  BY  CONVENTIONS,  HOW  MADE. 
Candidates  for  public  office  may  be  nominated  otherwise  than  in  conven- 
tion in  the  manner  following:  a  certificate  of  nomination  containing  the 
name  of  a  candidate  for  the  office  to  be  filled  with  such  information  as 
is  required  to  be  given  in  certificates  provided  for  in  section  499  shall  be 


172  STATE  OF  NORTH  DAKOTA 

signed  by  electors  residing  within  the  district  or  political  division  in  and 
for  which  the  officer  or  officers  are  to  be  elected,,  in  the  following  num- 
ber; the  number  of  signatures  shall  not  be  less  than  three  hundred  when 
the  nomination  is  for  an  office  to  be  filled  by  the  electors  of  the  entire 
state  and  when  the  office  is  to  be  filled  by  the  electors  of  a  district  less 
than  the  entire  state  the  number  of  signatures  shall  not  be  less  than  ten 
per  cent  of  the  number  of  votes  cast  for  member  of  congress  at  the  last 
preceding  general  election,  and  when  the  office  to  be  filled  is  in  an  in- 
corporated city,  town  or  village  the  number  of  signatures  shall  not  be  less 
than  ten  per  cent  of  the  number  of  votes  cast  at  the  last  preceding  elec- 
tion held  therein ;  provided,  that  in  no  case  shall  more  than  three  hun- 
dred signatures  be  required.  Such  signatures  need  not  be  appended  to 
one  paper.  Each  elector  signing  a  certificate  shall  add  to  his  name  his 
post  office  address.  Such  certificate  may  be  filed  as  provided  for  in  sec- 
tion 500  in  the  same  manner  and  with  the  same  effect  as  a  certificafte 
of  nomination  made  by  a  party  convention.  The  number  of  electors  nec- 
essary to  hold  a  mass  convention  shall  be  the  same  as  the  number  of  sig- 
natures required  to  nominate  by  petition.  (1891,  ch.  66,  §  5 ;  1803,  ch.  60, 
§  4;  R.  C.  1899,  §  501.) 

See  ch.  117,  S.  L.  1919,  relating  to  nonpartisan  elections. 

Only  party  certificate  can  be  filed  with  the  secretary  of  state.  State  ▼. 
Falley,  9  N  .D.  455,  83  N.  W.  860. 

The  electors  who  have  nominated  him  by  petition  represent  no  party  or  or- 
ganization. They  merely  represent  themselves  as  electors.  State  v.  Porter,  13 
N.  D.  406,  100  N.  W.  1080. 

Certificates  of  nomination  need  not  be  verified. 

The  word  "Socialist"  may  be  used  to  designate  a  political  party.  State  v. 
Blaisdell,  17  N.  D.  575,  118  N.  W.  225. 

Party  designation  should  appear  after  the  candidate's  name  as  printed  on  the 
Australian  ballot.     State  v.  Blaisdell,  20  N.  D.  622,  127  N.  W.  720. 

As  held  in  State  v.  Blaisdell,  20  N.  D.  622,  127  N.  W.  720,  the  law  provides 
for  new  parties  and  secures  them  the  same  privileges  at  elections  that  old  parties 
have  and  ample  means  are  provided  for  placing  the  names  of  candidates  with 
their  party  designations  on  the  ballot  used  at  the  general  election.  State  v. 
Hamilton,  20  N.  D.  608,  129  N.  W.  916. 

Provides  for  the  making  of  individual  nominations,  not  Rarty  nominations, 
and  it  is  not  inconsistent  with  the  primary  law  as  applied  to  regular  primary 
elections. 

It  has  been  established  by  adjudications  in  our  sister  states  that  nominations 
under  similar  sections  are  not  entitled  to  be  considered  as  party  nominations. 
Phillips  V.  Curtis,  4  Ida.  193,  38  Pac.  405;  State  v.  Rotwitt,  18  Mont.  502,  46 
Pac.  370;  Atkeson  v.  Lay,  115  Mo.  538,  22  S.  W.  481;  McCrary,  Elections,  sec.  702, 

It  is  true  that  the  supreme  court  of  Minnesota,  however,  yielding  to  a  custom 
of  making  party  nominations  m  sparsely  settled  counties  in  mass  conventions, 
has  held  that  the  nominees  of  mass  conventions,  properly  called  and  held  in 
obedience  to  such  custom,  were  entitled  to  recognition  as  the  representative  ot 
such  party.  See  Mansion  v.  Mcintosh,  58  Minn.  525,  28  L.  R.  A.  60S,  60  N.  W. 
672.     State  v.  Hall,  Z1  N.  D.  264,  163  N.  W.  1055. 

The  law,  except,  perhaps  in  cases  presenting  unusual  conditions,  does  not 
authorize  electors  who  may  make  a  nomination  by  petition  to  make  their  nom- 
inees the  nominees  of  an  organized  political  party  whose  name  they  may  select. 


ELECTION   LAWS   OF   NORTH    DAKOTA  173 


provided  such  party  is  authorized  to  make  a  nomination  by  conyention  or  pri- 
mary meeting  held  for  the  purpose  of  making  nominations.  State  t.  Rotwitt, 
18  Mont.  502,  A6  Pac.  370,  PhiUips  v.  Curtis,  4  Ida.  193,  38  Pac.  405;  Atkeson  t. 
Lay,  115  Mo.  538,  22  S.  W.  481. 

(In  Atkeson  v.  Lay  supra,  the  court  also  says :  "The  law  makes  no  provision 
for  the  .nomination  of  candidates  by  a  political  party  of  less  strength  than  the 
required  2%,  or  in  any  other  manner  than  by  a  convention  of  delegates  or  a 
primary  election;  and  only  candidates  so  nominated  become  the  nominees  of  a 
political  party,  and  as  such  entitled  to  go  upon  the  ballot  to  be  so  voted  for. 
Candidates  nominated  by  electors  are  not  the  nominees  of  a  political  party,  but 
of  the  individual  electors  nominating  them  and  only  as  such  are  entitled  to  ffo 
upon  the  ballot." 

If  our  court  in  the  Burtness  case,  adopted  this  construction  of  the  law  it  hai 
apparently  overruled  State  v.  Blaisdell,  20  N.  D.  622,  without  discussing  the  con- 
stitutional questions  raised  in  that  case.) 

If  the  opporttmity  is  ofiFered  for  the  minor  parties  to  make  nominations  by 
petition  and  in  this  way  to  obtain  representation  on  the  ballot  at  the  election, 
though  they  are  required  to  follow  a  different  mode  of  procedure  to  accomplish 
this  purpose,  there  is  no  denial  of  the  ultimate  right  or  privilege  of  the  electors 
of  voting  for  the  candidate  of  their  choice  with  equal  ease  and  facility. 

The  diflFerence  in  the  mode  of  obtaining  representation  on  the  official  ballot  is 
reasonably  suited  to  the  proper  direction,  supervision  and  control  of  the  greater 
parties  at  the  primaries  with  the  view  of  securing  a  free  and  equal  ballot.  9  R. 
C.  L.  1083,  citing  Ladd  v.  Holmes,  40  Or.  167,  66  Pac.  714,  91  Am.  St.  Rep.  4SS. 

See  also  State  v.  Burdick, Wyo 46  Pac.  854,  Simpson  v.  Osbom,  52  Kan. 

328,  34  Pac.  747,  Davidson  v.  Hanson,  87  Minn.  211,  92  N.  W.  93.  McBroom  t. 
Brown Colo 127  Pac.  957. 

Political  parties  result  from  the  voltmtary  association  of  electors.  They  do 
not  exist  by  operation  of  law;  and  they  possess  plenary  powers  as  to  their  own 
affairs  in  the  absence  of  legislative  regulation. 

Any  number  of  electors  may  organize  a  new  party  and  until  they  come  with- 
in the  purview  of  the  primary  election  law  by  having  had  a  candidate  for  gOT- 
emor  at  the  last  preceding  general  election,  they  may  certify  their  nominations 
in  the  manner  prescribed  by  article  6,  C.  19  Rev.  Pol.  Code,  Morrow  v.  Wipf, 
22  S.  D.  159. 

Certificate  under  this  section  is  of  the  same  force,  eflFect  and  character  as  a 

certificate  of  nomination  otherwise  provided  for.     State  v.  Hall,   N.  D 

176  N.  W.  117. 

It  appears  that  the  presidential  electors  who  are  designated  as  "Socialist*'" 
upon  the  ballot  were  nominated  by  separate,  individual  petitions  in  which  the 
petitioning  electors  did  not  purport  to  act  as  a  party.  The  only  statement  in 
the  petition  in  any  way  indicating  the  political  principle  which  it  was  desired  to 
have  represented  on  the  ballot  is  the  request  that  the  name  of  the  candidate 
"be  designated  Socialist."  Each  of  the  affidavits  filed  by  the  nominees  states, 
however,  that  he  is  a  candidate  of  the  Socialist  party,  and  each  petitions  that 
his  name  be  designated  "Socialist"  upon  the  ballot. 

Under  the  form  of  nomination  made,  the  candidates  are  nothing  more  nor 
less  than  individual  nominees,  and  there  is  no  warrant  for  any  sort  of  grouping 
upon  the  ballot  or  for  any  type  of  designation  thereon  that  will  tend  to  connect 
them  with  the  party  nationally  known  as  the  Socialist  party.  State  v.  Hall, 
....N.  D ,  179  N.  W.  712. 

See  20  C.  J.,  page  109. 

See  Opinions  of  the  Attorney  General,  Nos.  73  to  77  inclusive. 

f  972.     CERTIFICATE  TO  CONTAIN  BUT  ONE  NAME.     No  cer- 
tificate of  nomination  shall  contain  the  name  of  more  than  one  candidate 


174  STATE  OF  NORTH  DAKOTA 

for  each  oflSce  to  be  filled.  No  person  shall  participate  directly  or  in- 
directly in  the  nomination  at  caucus,  in  convention  or  by  petition  of 
more  than  one  i)erson  for  each  office  to  be  filled,  and  no  person  shall 
accept  nomination  for  more  than  one  office.  No  political  party  shall  be 
entitled  to  have  placed  upon  the  official  ballot  more  than  one  set  or  list 
of  nominees  for  any  state,  county,  city  or  other  municipal  office  to  be 
voted  for  in  said  state,  county,  city  or  municipality;  and  in  case  two  or 
more  organizations  claiming  or  purporting  to  represent  the  same  political 
party,  shall  file  certificates  of  nomination  under  the  same  party  designa- 
tion, or  such  certificates  indicate  that  the  nominations  therein  mentioned 
were  made  by  any  person  or  any  organization  representing;  the  same 
political  party,  the  secretary  of  state,  in  cases  where  such  certificates 
are  filed  in  his  office,  shall  within  the  time  prescribed  by  law  for  cer- 
tifying state  nominations  to  the  county  auditor,  determine  from  the  best 
available  sources  of  information  which  organizaton  filing  such  certifi- 
cates has  been  longest  in  existence  as  a  political  organization  represent- 
ing such  party;  and  only  the  nominees  named  by  such  organization, 
longest  in  existence,  shall  be  certified  to  the  county  auditor,  and  such 
nominations  only  shall  be  printed  on  the  official  ballot.  (And  in  case 
two  or  more  organizatons  claiming  or  purporting  to  represent  the  same 
political  party  shall  file  certificates  of  nomination  with  the  county  audi- 
tor, city  auditor,  or  clerk  of  any  municipality,  or  such  certificates  indi- 
cate that  the  nominations  therein  mentioned  were  made  by  persons 
or  organzations  representing  the  same  political  party,  the  county  audi- 
tor shall  determine  from  the  best  available  sources  of  information  which 
organization,  filing  such  certificates,  has  been  longest  in  existence  as  a 
political  organization  representing  such  party ;  and  only  the  nomina- 
tions made  by  such  organization  longest  in  existence  shall  be  printed  on 
the  official  ballot;  provided,  however,  that  the  decision  of  the  officer 
determining  which  organization  has  been  the  longest  in  existence  in 
representing  such  party,  shall  be  subject  to  review  by  the  court  in  a 
proper  action  instituted  for  such  purpose ;  and  provided,  further,  that  this 
section  shall  not  be  construed  to  prohibit  any  new  organization  from 
nominating  any  person  or  persons  for  an  office  and  having  such  nomina- 
tion placed  on  the  official  ballot,  but  such  organization  shall  not  adopt 
the  name  or  designation  of  the  political  party  represented  by  the  oldei 
organization,  if  still  in  existence,  and  the  certificate  of  nomination  filed 
by  it  shall,  by  clear  and  distinct  language,  indicate  and  show  that  the 
organization  filing  it  represents  a  separate  and  distinct  political  party. 
(R.  C.  1905,  §  627;  1891,  ch.  66,  §  6;  R.  C.  1895,  §  502;  1901,  ch.  48.) 

Inapplicable  to  case  where  both  conventions  claim  under  same  party  call. 
State  ex.  rel.  Buttz  v.  Lindahl,  11  N.  D.  320,  91  N.  W.  950. 
See  Opinions  of  the  Attorney  General,  Nos.  78  and  79. 

§  973.  CERTIFICATE  OF  NOMINATION.  WHEN  TO  BE  FILED. 
Certificates  of  nomination  to  be  filed  with  the  secretary  of  state  shall 
be  filed  not  less  than  thirty  days  before  the  days  fixed  by  law  for  election 


ELECTION   LAWS  OF   NORTH    DAKOTA  175 

of  persons  in  nomination.  Such  certificate  of  nomination  may  be  sent  by 
registered  letter  deposited  in  the  post  office  on  or  before  the  last  day,  and 
the  receipt  therefor  filed  with  the  county  auditor  (certificates  of  nomina- 
tion herein  directed  to  be  filed  with  the  auditor  shall  be  filed  not 
less  than  twenty-five  days  before  the  election,  but  the  provisions  of  this 
section  shall  not  apply  to  nominations  for  special  elections  to  fill  vacau' 
cies  caused  by  death,  resignations  or  otherwise.)  The  secretary  of  state 
and  the  several  county  auditors  shall  cause  to  be  preserved  in  their 
respective  offices  for  six  months  all  certificates  of  nomination  filed  therein 
under  the  provisions  of  this  article.  All  such  certificates  shall  be  open 
to  public  inspection  under  proper  regulations  to  be  made  by  such  officers. 
(1913,  ch.  156,  §  1;  R.  C.  1905,  §  628;  1891,  Ch.  66,  §  8;  R.  C.  1895,  §  903.) 

Mandatory  as  to  time.  EfiFect  when  last  day  falls  on  Sunday.  Time  how 
computed.  State  ex  rel.  Anderson  v.  Falley,  9  N.  D.  464,  83  N.  VV.  913.  State 
V.  Bumham,  20  N.  D.  405,  127  N.  W.  504. 

Exception  not  to  be  read  into  other  sections.  State  v.  Hall,  Z7  N.  D.  259, 
163  N.  W.  1055,  but  see  State  v.  HaU N.  D ,  176  N.  W.  117. 

§  974.  SECRETARY  OF  STATE  TO  CERTIFY  NOMINATIONS 
FOR  STATE  OFFICE.  Not  less  thin  thirty  d  lys  nor  more 
than  thirty -five  days  before  an  election  to  fill  uuy  .sinte  or  district 
office,  the  secretary  of  state  shall  certify  to  each  county  auditor  within 
which  any  of  the  electors  may  by  law  vote  for  candidates  for  such  office, 
the  name  and  post  office  address  of  each  person  nominated  for  such  office 
as  specified  in  the  certificates  of  nomination  filed  with  him.  (1913,  ch.  156, 
§  2;  R.  C.  1905,  §  629;  1891,  ch.  66,  §  9;  1895,  §  504.) 

See  section  877. 

Where  proceedings  are  commenced  to  compel  the  secretary  of  state  to  certify 
names  of  nominees,  it  is  no  defense  on  his  part  to  set  up  facts  showing  that 
such  nominations  were  not  in  fact  made  in  the  manner  required  by  the  statute. 
State  V.  Falley,  8  N.  D.  90,  76  N.  W.  996,  but  see  State  v.  Falley,  9  N.  D.  450, 
83  N.  W.  860,  State  v.  Lavik,  9  N.  D^  461,  83  N.  W.  914.  State  v.  Porter,  11 
N.  D.-  309,  91  N.  W.  944. 

Action  of  state  convention  on  county  contest,  conclusive.  State  v.  Lindahl, 
11  N.  D.  320,  91  N.  W.  950,  State  v.  Larson,  13  N.  D.  420,  101  N.  W.  315. 

When  certificates  filed  are  legal  in  form,  it  is  no  part  of  the  duty  of  the 
secretary  of  state  to  examine  into  the  facts  recited,  to  ascertain  their  truth  or 
falsity.    State  v.  Blaisdell,  17  N.  D.  575,  118  N.  W.  225. 

See  state  v.  Blaisdell,  18  N.  D.  55,  24  L.  R.  A.  (N.  S.)  465,  138  Am.  St.  Rep. 
741,  118  N.  W.  141 ;  State  v.  Blaisdell,  34  N.  D.  321,  159  N.  W.  401. 

Applicable  to  special  elections.    State  v.  Hall,  37  N.  D.  259,  163  N.  W.  1055. 

Has  no  application  to  special  elections.     State  v.  Hall N.  D 176  N. 

W.  117. 

The  secretary  of  state  is  a  proper  but  not  a  necessary  party  to  an  informa- 
tion to  compel  the  county  auditor  to  put  on  the  official  primary  ballot  the 
name  of  a  candidate  for  senator,  which  action  had  been  withheld  on  the  ground 
that  there  was  no  vacancy,  the  certifying  of  the  vacancy  being  a  ministerial 
duty  of  the  Secretary.  State  ex  rel.  Williams  v.  Meyer,  20  N.  D.  628,  127 
li-.   W.  834. 

§  975.  NOMINATIONS  TO  BE  PUBLISHED,  WHEN.  At  least 
ten  days  before  an  election  to  fill  any  public  office  under  the  provisions  of 


176  STATE  OF  NORTH  DAKOTA 

this  chapter  the  county  auditor  of  each  county  sliall  ciiuse  to  be  pub- 
lished in  one  or  more  newspapers-  witliin  the  county  the  nominations 
certified  to  him  under  the  provisions  of  tliis  chapter.  The  auditor  shall 
make  such  publications  daily  until  the  election,  in  counties  where  daily 
newspapers  are  published ;  but  if  there  is  no  daily  newspaper  published 
within  the  county  two  publications  in  each  newspaper  will  be  suflS- 
cient ;  and  if  there  is  no  newspaper  published  in  any  county,  written  or 
printed  notices  shall  be  posted  in  at  least  three  public  places  in  each  pre- 
cinct.    (  R.  C.  1905,  §  630;  1891,  ch.  66,  §  10 ;  R.  C.  1895,  §  505.) 

Four  weeks'  publication  of  notice  of  submission  of  county  division  proposition 
is  not  necessary.     State  ex  rel.  Miller  v.  Miller,  21  N.  D.  324,  131  N.  W.  282. 

Publication  of  proposed  constitutional  amendments.  State  v.  Hall,  35  N.  D. 
34,  159  N.  W.  281,  State  v.  Hall,  ....N.  D 171  N.  W.  213. 

§  976.  IN  CASE  NOMINEE  DECLINES,  CERTIFICATE  VOID. 
Whenever  any  person  nominated  for  public  office  as  in  this  chapter  pro- 
vided, shall,  at  least  thirty  days  before  election,  in  writing  notify  the 
officer  with  whom  the  certificate  nominating  him  is  filed  that  he  declines 
such  nomination,  such  nomination  shall  be  void.  (1913,  ch.  156,  §  3 ;  R.  C. 
1905,  §  631;  1891,  ch.  66,  §  11 ;  R.  C.  1899,  §  506.) 
See  sections  861,  879. 

§  977.  VACANCIES  ON  TICKET,  HOW  FILLED.  Should  any 
person  so  nominated  die  before  the  printing  of  the  tickets  or  decline 
the  nomination  as  in  this  chapter  provided  or  should  a  vacancy  occur 
upon  the  ticket  for  any  other  cause  the  vacancy  thus  occasioned  may  be 
filled  in  the  manner  required  for  original  nominations.  If  the  original 
nomination  was  made  by  a  party  convention  which  had  delegated  to  a 
committee  the  power  to  fill  vacancies,  the  committee  of  the  political 
party  in  whose  ticket  such  vacancy  occurs  may  fill  the  same.  The  chair- 
man and  secretary  of  such  committee  shall  thereupon  make  and  file  with 
the  proper  oflBcer  a  certificate  setting  forth  the  cause  of  the  vacancy, 
the  name  of  the  person  nominated,  the  name  of  the  oflfice  for  which  he 
was  nominated,  the  name  of  the  person  for  whom  the  new  nominee  is  to 
be  submitted,  the  fact  that  the  committee  was  authorized  to  fill  vacan- 
cies and  such  further  information  aS  is  required  to  be  given  in  an 
original  certificate  of  nomination.  When  such  certificate  shall  be  filed 
with  the  secretary  of  state  he  shall,  in  certifying  the  nomination  to  the 
various  auditors,  insert  the  name  of  the  person  who  has  thus  been  nom- 
inated to  fill  a  vacancy  in  place  of  that  of  the  original  nominee.  And 
if  he  has  already  forwarded  his  certificate  he  shall  forthwith  certify 
to  the  auditor  of  the  proper  county  the  name  and  post  oflice  address 
of  the  person  so  nominated  to  fill  a  vacancy,  the  office  he  is  nominated 
for,  the  party  or  political  principle  he  represents  and  the  name  of  the 
person  for  whom  such  nominee  is  substituted.  A  failure  to  publish 
the  name  of  a  person  so  substituted  shall  not  invalidate  the  election. 
(R.  C.  1905,  §  632;  1891,  ch.  66,  §  12;  R.  C.  1895,  §  597.) 


ELECTION   LAWS   OF    NORTH    DAKOTA  177 

No  substitution  of  names  when  certificate  not  filed.  Lucas  v.  Ringsrud,  3 
S.  D.  355.  53  N.  W.  426. 

The  power  of  a  party  committee  to  fill  vacancies  on  an  election  ballot,  under 
sections  977  and  978,  can  be  exercised  where  a  vacancy  occurs  after  a  regular 
nomination,  but  not  to  make  an  original  nomination.  State  v.  Hall,  37  N.  D. 
259,  163  N.  W.  1055. 

When  does  vacancy  in  party  ticket  occur  within  statute  authorizing  filling 
of  vacancies.    41  L.  R.  A.  (N.  S.)  1088. 

§  07S.  VACANCY  OCCURRING  AFTER  TICKETS  ARE  PRINTED. 
When  any  vacancy  occurs  before  election  day  and  after  the  printing  of  the 
tickets  and  any  person  is  nominated  according  to  the  provisions  of  this 
chapter  to  fill  such  vacancy  the  oflScer  whose  duty  it  is  to  have  the 
tickets  printed  and  distributed  shall  thereupon  have  printed  on  a  requi- 
site number  of  stickers  the  name  of  such  substituted  candidate  and  no 
other  name,  and  shall  mail  them  by  registered  letter  or  send  by  other 
reliable  method  to  the  judges  of  election  in  the  various  precincts  affected 
by  such  vacancy,  and  the  judges  of  election  whose  duty  it  is  to  dis- 
tribute the  tickets  shall  affix  such  stickers  in  the  proper  place  on  each 
ticket  before  it  is  given  out  to  the  electors.  (R.  C.  1905,  §  633;  1891, 
ch.  06,  §  13;  R.  C.  1899,  §  508.) 

§  970.  CONSTITUTIONAL  AMENDMENTS  TO  BE  ADVERTISED. 
Whenever  a  proposed  constitutional  amendment  or  other  question  is  to  be 
submitted  to  the  people  of  the  state  for  popular  vote  the  secretary  of  state 
shall,  not  less  than  thirty  days  before  election,  certify  the  same  to  the 
auditor  of  each  county  in  the  state  and  the  auditor  of  each  county  shall 
include  the  same  in  the  publication  provided  for  in  section  975.  Qu^tiona 
to  be  submitted  to  the  people  of  the  county  shall  be  advertised  as  pro- 
vided for  nominees  for  office  in  such  section.  (R.  C.  1905,  §  634:  1891, 
ch.  66.  §  14;  R.  C.  1899,  §  509.) 

Courts  will  not  enjoin  submission  of  constitutional  amendment.  State  v. 
Thorson,  9  S.  D.  149,  68  N.  W.  202,  33  L.  R.  A.  582. 

Four  weeks'  publication  of  notice  of  submission  of  county  division  proposi- 
tion is  not  necessary.  State  ex  rel.  Miller  v.  Miller,  21  N.  D.  324,  131  N.  W. 
282. 

Publication,  of  proposed  constitutional  amendment.     State  v.  Hall,  25  N.   D. 

34,  159  N.  W.  281,  State  v.  Hall,  ....N.  D ,  171  N.  W.  213. 

See  Opinions  of  the  Attorney  General,  No.  80. 

§  980.  PUBLICATION  OF  NAMES.  ERROR,  HOW  CORRECTED. 

Whenever  it  shall  appear  by  affidavit  that  an  error  or  omission  has 
occurred  in  the  publication  of  the  names  of  the  persons  nominated  or  in 
the  printing  of  the  ballots  the  judge  of  the  district  court  may  upon  ap- 
plication of  an  elector  make  an  order  requiring  the  auditor  to  show  cause 
why  such  error  should  not  be  corrected  and  upon  the  hearing  thereof  he 
may  make  such  order  as  the  facts  warrant.  (R.  C.  1905,  §  635:  1891, 
ch.  66:  §  19;  R.  C.  1895,  §  510. 

Supreme  court  may,  by  mandamus,  direct  coimty  auditor  which  of  two  sets 
of  nominees  to  put  on  ballot.  State  ex  rel.  Howells  v.  Metcalf,  18  S.  D.  393, 
67  L.  R.  A.  331,  100  N.  W.  923. 

This   section  we  are  induced  to  think   relates  solely   to  errors  or  omissions 


178  STATE  OF  NORTH  DAKOTA 

on  the  part  of  county  auditors  in  printing  the  official  ballots.  Certainly  if  it 
can  relate  to  errors  further  back  it  is  not  exclusive.  State  v.  Falley,  8  N.  D. 
90,  76  N.  W.  9%. 

ARTICLE   14.--N0TICE   OF   ELECTION. 

§  981.  NOTICE  OF  ELECTION,  HOW  GIVEN.  The  secretary  of 
state  shall,  between  the  first  days  of  July  and  September  in  such  year, 
direct  and  cause  to  be  delivered  to  the  county  auditor  of  each  county  a 
notice  specifying  all  the  state  oflBcers  whose  term  of  office  will  expire 
between  the  first  Monday  in  December  and  the  first  Monday  in  January 
next  succeeding  and  specifying  also  the  several  officers  to  be  chosen  in 
such  county  at  the  next  general  election.  The  auditor  to  whom  such 
notice  is  delivered  shall  cause  notice  of  the  same  to  be  given  as  provided 
in  the  next  section.     (R.  C.  1905,  §  636;  1892,  Sp. ;  R.  C.  1899,  §  511.) 

§  982.  NOTICE  OF  ELECTION  TO  BE  PUBLISHED.  FORM. 
POSTED,  WHEN,  The  county  auditors  of  the  several  counties  shall 
cause  notice  of  any  election  to  be  published  in  each  of  the  newspapers 
designated  by  the  board  of  county  commissioners  for  the  publication  of 
their  official  proceedings  at  least  once  in  each  week  for  four  consecutive 
weeks  next  preceding  such  election.  Such  notice  shall  be  as  nearly  as 
circumstances  will  admit,  as  follows : 

Notice  is  hereby  given   that  on  Tuesday,   the da.v   of 

next,  at in  the  township  or  precinct  of 

in  the  county  of an  election  will  be  held  for  state,  dis- 
trict or  county  officers  (naming  the  offices  to  be  filled  as  the  same  may 
be),  which  election  will  be  opened  at  eight  o'clock  in  the  morning  and 
will  continue  open  until  five  o'clock  in  the  afternoon  of  that  day.  Dated 
this day  of A.  D.  19 

(Signed)  A.  B.,  County  Auditor. 

In  case  there  shall  be  no  newspaper  published  in  the  county  in 
which  such  election  is  to  be  held,  the  county  auditor  shall  deliver  three 
copies  of  such  notice  for  each  precinct  to  the  sheriff,  coroner  or  other 
person  designated  by  the  board  of  county  commissioners  and  such 
sheriff,  coroner  or  other  person  shall  post  in  three  of  the  most  public 
places  in  each  precinct  the  notice  pertaining  to  such  precinct,  at  least 
twenty  days  previous  to  the  time  of  holding  any  general  election  and  at 
least  eight  days  previous  to  the  time  of  holding  any  special  election,  and 
in  cases  where  townships  are  not  set  oft"  by  law  as  election  districts,  such 
notices  shall  be  posted  as  follows :  One  at  the  house  where  the  election 
Is  authorized  to  be  held  and  two  at  two  of  the  most  public  places  in 
that  vicinity.  The  officer  or  person  shall  thereafter  file  with  the  county 
auditor  an  affidavit  of  such  i>osting  which  shall  be  prima  facie  evidence 
of  the  facts  therein  stated.  (R.  C.  1905,  §  637;  1887,  ch.  51,  §  5;  R.  C. 
1899,   §  512,) 

Notice  of  special  election  posted  in  one  precinct  of  a  county  only  is  fatally 
defective.    Territory  v.  Steele,  4  Dak.  78,  23  N.  W.  91. 


ELECTION   LAWS   OF   NORTH    DAKOTA  179 


Publication  of  notice  of  county  division  governed  by  975  and  979.  State  v. 
Miller,  21  N.  D.  324,  131  N.  W.  282. 

Necessity  for  notice  or  proclamation.     120  Am.  St.  Rep.  794. 

First  and  last  days  in  computing  time  of  elections.  49  L.  R.  A.  244;  IS 
L.  R.  A.  (N.  S.)  691. 

Irregularities  in  calling  and  conducting  election,     83  Am.   Dec.  749. 

ARTICLE  15.— CONDrCT  OF  ELECTIONS. 

§  983.     WHEN  POLLS  ARE  TO  BE  OPENED  AND  CLOSED.     At  all 

general  and  special  elections  held  under  the  provisions  of  this  chapter, 
the  polls  will  be  opened  at  nine  o'clock  A.  M.,  and  closed  at  nine  o'clock 
P.  M.  Twenty  minutes  prior  to  nine  o'clock  P.  M.  the  inspector  shall 
proclaim  to  the  electors  outside,  the  number  of  minutes  before  the  polls 
will  be  closed  and  that  such  closing  will  be  precisely  at  nine  o'clock 
P.  M.  (1919,  ch.  119;  1907,  ch.  110;  R.  C.  1905,  §  638;  1891,  ch.  66, 
§  40;  R.  C.  1899,  §  513;  ch.  27,  §  10,  Pol.  C.  1877.) 

§  984.  EXAMINATION  OF  BALLOTS  AND  BOX  AT  OPENING  OF 
POLLS.  On  the  opening  of  the  polls  the  inspector  in  each  precinct  shall 
produce  the  sealed  package  of  official  ballots  and  publicly  open  the  same 
and  deliver  one  block  of  ballots  to  the  ballot  clerk,  retaining  the  other 
blocks  if  any  until  they  are  needed  for  voting.  Before  declaring  the  polls 
open  such  inspector  shall  see  that  the  ballot  box  is  empty  and  allow  the 
judges  to  satisfy  themselves  thereof  after  which  such  box  shall  be 
locked.     (R.  C.  1905,  §  639;  1891,  ch.  66,  §  21 ;  R.  C.  1899,  §  514.) 

§  985.  OFFICIAL  BALLOT,  HOW  GIVEN  TO  ELECTOR.  The  in- 
spector or  one  of  the  judges  of  election  shall  deliver  ballots  to  the  quali- 
fied electors.  Before  delivering  any  ballot  to  an  elector  the  inspector  or 
judge  shall  print  on  the  back  and  near  the  top  of  the  ballot  with  d. 
stamp  provided  for  that  purpose,  the  designation  "'official  ballot"  and 
the  other  woikIs  provided  for  in  section  965  and  also  write  his  initials 
thereon.  Each  qualified  elector  shall  be  entitled  to  receive  from  the 
judges  one  ballot.     (R.  C.  1905,  §  640;  1891,  ch.  66,  §  623;  R.  C.  1899,  §  515.) 

If  ballot  is  not  stamped  and  initialed  as  statute  directs,  it  is  not  an  of- 
ficial ballot,  and  hence  cannot  lawfully  be  voted,  or  if  voted,  cannot  law- 
fully be  counted.  MUler  v.  SchaUem,  8  N.  D.  395,  79  N.  W.  865. 

See    Section    1006. 

Ballot  provision  is  mandatory  to  extent  that  ballot  must  be  pro- 
vided substantially  meeting  statutory  requirements  permitting  elector  to 
vote  for  place  thereon  by  making  cross  after  it.  Miller  v.  Norton,  22  N.  D. 
196,   132   N.   W.   1080.    See   Purest   v.   Semmler,  28   N.   D.    422,   149   N.    W.   115. 

Effect  of  officers  numbering  or  otherwise  supplying  means  of  identify- 
ing ballots.    32  L.  R.  A.  (N.  S.)  730. 

Failure  to  endorse  ballot,  47  L.  R.  A.  808. 

§  985a.  MARKING  BALLOTS.  MANNER  OF  VOTING.  On  receipt 
of  his  ballot  the  elector  shall  forthwith  and  without  leaving  the  polling 
place  retire  alone  to  one  of  the  booths  or  compartments  provided,  to  pre- 
pare his  ballot  by  placing  a  cross  (X)   mark  within  the  circle  before  the 


180  STATE  OF  NORTH  DAKOTA 

name  of  each  person  for  whom  he  wishes  to  vote,  or  the  elector  may  \ 
write  in  the  blank  space  or  paste  over  any  other  name  the  name  of  any  | 
person  for  whom  he  may  wish  to  vote,  but  the  name  of  no  candidate  i 
shall  be  counted  which  has  not  the  cross  (X)  mark  either  written  or  i 
printed  within  the  circle,  before  such  name ;  or  in  case  of  a  ballot  con-  i 
taining  a  constitutional  amendment  or  other  question  to  be  submitted  to  j 
a  vote  of  the  people,  by  placing  a  cross-mark  within  the  circle  before  i 
the  word  or  words  expressing  his  wish  and  for  which  he  desires  to  vote. 
After  preparing  his  ballot  the  elector  shall  fold  it  so  that  the  face  of  ; 
the  ballot  will  be  concealed  and  the  indorsement  stamped  thereon  may  be 
seen.  He  shall  then  vote  forthwith  and  before  leaving  the  polling  place  '. 
and  after  voting  he  shall  immediately  leave  the  room.  (1899,  §  516,  ; 
1893,  Ch.  60,  §  8.)  i 

Express   authority  for  writing  in  names   or  pasting  on  names.     Roberts  v.  ' 

Bope,  14  N.  D.  315,  103  N.  W.  935.  ; 

(This    section    is    omitted    from    the    Revised    Codes    of   1905    and    from    the  ; 

Compiled    Laws   of    1913.     Though   the   manner   of   marking    the   ballot    is    im-  ^ 

doubtedly    governed   by    sec.    959,    the    other  provisions    may    still    be    effective.  j 

Ed.)  ! 

§  986.     ONLY  ONE  PERSON  IN  BOOTH.    Not  more  than  one  person  ; 

shall  be  permitted  to  occupy  any  one  booth  or  compartment  at  one  time  i 

and  no  person  shall  remain  in  or  occupy  a  booth  or  compartment  longer  [ 
than  may  be  necessary  to  prepare  his  ballot  and  in  no  event  longer  than 

five  minutes  when  the  other  booths  or  compartments  are  occupied.     (R.  C.  i 

1905,  §  641;  1891,  ch.  66,  §  25;  R.  C.  1899,  §  517.)  i 

§  987.     IN    CASE    ELECTOR    SPOILS    BALLOT.      No   person    shall  i 

take  or  remove  any  ballot  from  the  polling  place  before  the  close  of  the  : 

polls.     If  any  voter  spoils  a  ballot  he  may  successively  obtain  others,  one  i 

at  a  time,  not  exceeding  three  in  all,  upon  returning  each  spoiled  ballot.  I 

The  ballots   thus  returned  shall  be  immediately   cancelled   and   together  ; 
with  those  not  distributed  to  the  voters  shall  be  preserved  and  secured 

in  sealed  packages   and  returned  to  the  county   auditor  from  whom  re-  ! 

ceived.     (R.  C.  1905,  §  642;  1891,  ch.  66,  §  26;  R.  C.  1899,  §  518.)  ■ 

§  988.     IN  CASE  OF  DISABILITY  OF  ELECTOR.     Any  voter,  who  | 

declares  to  the  judges  of  election  or  when  it  appears  to  the  judges  of  elec-  ' 

tion  that  he  cannot  read  or  that  by  blindness  or  other  physical  disability  he  ' 

is  unable  to  mark  his  ballot-shall,  upon  request,  receive  the  assistance  of  two  \ 

of  the  election  officers  in  the  marking  thereof  who  shall  be  chosen  from  1 

different   political   parties,   and   such   officers   shall   give   no   information  | 

regarding  the  same.     The  judges   may  in  their  discretion   require  such  ! 

declaration  of  disability  to  be  made  by  the  voter  under  oath  and  they  ' 

are  authorized  to  administer  such  oath.     No  elector,  other  than  one  who  ; 

is  unable  to  read  or  on  account  of  physical  disability  is  unable  to  mark  i 
his  ballot,  shall  divulge  to  any  one  within  the  polling  place  the  name  of 

any  candidate  for  whom  he  intends  to  vote  or  ask  or  receive  the  assistance  < 


ELECTION   LAWS   OF   NORTH    DAKOTA  181 

of  any  person  within  the  polling  place  in  the  preparation  of  his  ballot. 
(R.  C.  1905,  §  643;  1891,  ch.  66,  §  27 ;  R.  C.  1895,  §  519.) 

Assisting  voter.     40  L.  R.  A.  (N.  S.)  535. 

Assistance  in  preparing  ballots,  rendered  by  unauthorized  person,  as  aflFecting 
their  validity.     29  L.  R.  A.  (N.   S.)  1170. 

See  9  R.  C.  L.,  page  1103. 

See  Article  2  of  Amendments  to  Constitution. 

The  primary  purpose  and  object  of  the  Australian  ballot  election  law  is  to 
secure  the  independence  of  the  elector  by  requiring  of  him  the  exercise  of 
his  right  of  franchise  in  absolute  secrecy,  and  statutes,  mandatory  in  their 
character,  designed  to  accomplish  this  end,  are  mandatory  on  both  the  officials 
and  the  electors.  Where  electors  voluntarily  permit  other  persons  than  the 
authorized  or  acting  poll  clerks  to  assist  them  in  the  preparation  of  their  ballots, 
the  said  ballots  will  be  held  to  be  intentionally  exposed  and  will  be  rejected. 
Board  V.  Dill,  110  Pac.  1107;  29  L.  R.  A.  (N.  S.)  117a 

§  989.  JUDGES  TO  DEPOSIT  BALLOT  IN  BOX.  When  a  ballot 
shall  be  received  one  of  the  judges  without  opening  the  same  or  per- 
mitting it  to  be  opened  or  examined  except  to  ascertain  whether  it  is 
a  single  ballot  or  not  shall  deposit  it  in  the  ballot  box.  (R.  C.  1905,  §  644; 
R.  C.  1899,  §  520;  Ch.  27,  §  18,  Pol.  C.  1877.) 

Only  one  ballot  box  in  each  voting  precinct  with  separate  one  for  women, 
is  authorized.     State  ex  rel.  Byrne  v.  Wilcox,  11  N.  D.  329,  91  N.  W.  955. 

§  990.     ELECTION    BOOTHS.      FALSE      SWEARING.      PENALTY. 

The  inspectors  of  election  shall  provide  in  their  respective  polling  placea 
a  sufficient  number  of  booths  or  compartments  w^hich  shall  be  furnished 
with  such  supplies  and  conveniences  as  to  enable  the  voter  conveniently 
to  prepare  his  ballot  for  voting,  and  in  which  electors  may  mark  their 
ballots,  screened  from  observation  and  a  guard  rail  with  an  opening  sa 
constructed  that  only  persons  within  such  rail  can  approach  within  ten 
feet  of  the  ballot  boxes  or  booths  or  compartments  herein  provided  for; 
provided,  that  the  number  of  booths  or  compartments  shall  not  be  less 
than  one  for  each  fifty  electors  or  fraction  thereof,  in  the  precinct.  No 
election  shall  be  held  in  a  room  in  which  spirituous  or  malt  liquors  are 
commonly  sold.  Not  more  than  one  elector  for  each  booth  shall  be  per- 
mitted within  the  railing  at  any  one  time.  One  challenger  appointed  and 
designated  from  each  of  the  political  party  organizations  shall  be  entitled 
to  stand  at  the  opening  of  the  railing  at  the  outside.  If  any  person  offer- 
ing to  vote  shall  be  challenged  by  one  of  such  challengers  or  by  any  mem- 
bers of  the  board  of  election,  such  person  shall,  unless  such  challenge  is 
withdrawn,  stand  aside  and  shall  not  vote  unless  he  makes  an  affidavit 
that  he  is  a  legally  qualified  elector  of  the  precinct,  and  any  one  who 
falsely  swears  in  order  to  cast  his  vote  shall  be  guilty  of  perjury,  and 
upon  conviction  thereof  shall  be  punished  as  prescribed  in  section  8702, 
chapter  12,  penal  code  of  the  revised  codes  of  1905  (section  9375  herein.) 
The  expense  of  providing . such  booths  or  compartments  and  guard  rails^ 
shall  \w  a   public  charge  and  shall  be  provided  for  in  the  same  manner 


182  STATE  OF  NORTH  DAKOTA 

as  Other  election  expenses.  (1909,  ch.  94;  R.  C.  1905,  §  645;  1891,  ch. 
66,  §  22;  R.  C.  1895,  §  521;  Ch.  27,  §  §  14  and  15,  Pol.  C.  1877.) 

A  violation  as  to  arranging  guard  rail  and  booths  will  not  destroy  secrecy 
o£  ballot.     Perry  v.  Hackney,  11  N.  D.  148,  90  N.  W.  483. 
See  Opinions  of  the  Attorney   General,  Nos.   81  and  82. 

§  991.  BALLOTS  OB^  WOMEN  TO  BE  DEPOSITED  IN  SEPARATE 
BOX.  No  ballot  offered  by  any  woman  entitled  to  vote  under  this  chapter 
shall  contain  the  name  of  any  person  to  be  voted  for  at  such  election, 
except  candidates  for  a  school  office,  and  no  such  ballot  shall  contain 
any  proposition  to  be  voted  for  except  such  as  pertain  solely  to  school 
matters ;  and  all  such  ballots  shall  be  deposited  in  a  separate  ballot  box, 
but  shall  be  canvassed  with  the  -ballots  cast  for  candidates  for  school 
office  by  the  male  voters  at  such  election.  (R.  C.  1905,  §  646;  R.  0. 
1895,  §  522.) 

Only  one  ballot  box  in  each  voting  precinct,  with  separate  one  for  women, 
is  authorized.     State  ex  rel.  Byrne  v.  Wilcox,  11  N.  D.  329,  91  N.  W.  955. 
Right  of  women  to  vote.    21  L.  R.  A.  662,  27  L.  R.  A.  (N.  S.)  522. 

ARTICLE  16.— ABSENT  VOTERS. 

§  992.  ABSENT  VOTER.  WHO  MAY  VOTE.  Any  qualified  elector 
of  this  state  having  complied  with  the  laws  in  regard  to  registration, 
who  is  absent  from  the  county  of  which  he  is  an  elector  on  the  day  of 
holding  any  general  or  primary  election,  may  vote  at  any  such  election 
as  hereinafter  provided.     (1913,  ch.  155,  §  1.) 

See    Opinions   of   the   Attorney    General   No.    83. 

§  993.  APPLICATION  FOR  BALLOTS,  MADE  WHEN.  At  any  time 
within  thirty  days  next  preceding  such  election,  any  voter  expecting  to 
be  absent  on  the  day  of  election  from  the  county  in  which  his  voting 
precinct  is  situated,  may  make  application  to  the  county  auditor  or  such 
county  for  an  official  absent  voter  ballot  to  be  voted  at  such  election. 
(1913,  ch.  155,  §  2.) 

§  994.     ABSENT    VOTER    BALLOTS,    HOW    PRINTED :      For    all 

elections,  either  general  or  primary,  there  shall  be  prepared  and  printed 
for  each  precinct,  official  ballots  to  be  known  as  absent  voter  ballots, 
which  ballots  shall  be  prepared  and  printed  in  the  same  form  and  shall 
be  of  the  same  size,  and  texture  as  the  regular  official  ballots,  except 
that  they  shall  be  printed  upon  tinted  paper  of  a  tint  different  than  that 
of  the  sample  ballots.     (1913,  ch.  155,  §  3.) 

§  995.  ABSENT  VOTER  BALLOT,  FORM  OF  APPLICATION  FOR. 
Application  for  such  ballot  shall  be  made  on  a  blank  to  be  furnished  by 
the  county  auditor  of  the  county  of  which  the  applicant  is  an  elector, 
and  shall  be  substantially  in  the  following  form : 

I,  a  duly  qualified  elector  of  the  town- 


ELECTION   LAWS   OF   NORTH    DAKOTA  183 

ship  of : . .  or  of  the  village  of or 

of  the  precinct  of  the ward  of  the  city  of 

in  the  county  of and  state  of  North  Dakota,  and  to 

my  best  knowledge  and  belief  entitled  to  vote  in  such  precinct  at  the 
next  election,  expecting  to  be  absent  from  the  said  county  on  the  day  for 
holding  such  election,  hereby  make  application  for  an  ofl&cial  absent  voter 
ballot  to  be  voted  by  me  at  such  election. 

Date 

Signed 

Post  OflBce  Address 

Provided,  that  if  the  application  be  made  for  a  primary  election  bal- 
lot such  application  shall  also  give  the  name  of  the  political  party  with 
which  the  applicant  is  affiliated.     (1913,  ch.  155,  §  4.) 

§  996.  APPLICATION  BLANK,  HOW  OBTAINED.  Such  applica- 
tion blank  shall  upon  request  therefor,  be  sent  by  such  county  auditor 
to  any  absent  voter  by  mail,  and  shall  be  delivered  to  any  voter  upon 
application  made  personally  at  the  office  of  such  auditor.  (1913,  ch.  155, 
§  5.) 

§  997.  BALLOTS  SENT  HOW,  AFFIDAVIT  OF  VOTER,  AND 
CERTIFICATE.  Upon  receipt  of  such  application  properly  filled  out 
and  duly  signed,  or  as  soon  thereafter  as  the  official  absent  voter  ballot 
for  the  precinct  in  which  the  applicant  resides  has^  been  printed,  the 
said  county  auditor  shall  send  to  such  absent  voter  by  mail,  postage  pre- 
paid, one  official  absent  voter  ballot,  or  if  there  be  more  than  one  such  absent 
voter  ballot  to  be  voted  by  an  elector  of  such  precinct,  one  of  each  kind, 
and  shall  enclose  with  such  ballot  or  ballots  an  envelope  to  be  furnished 
by  such  auditor,  which  envelope  shall  bear  upon  the  front  thereof  the 
name,  official  title  and  post  office  address  of  such  county  auditor  and 
upon  the  other  side  a  printed  affidavit  in  substantially  the  followng 
form : 

State  of ] 

}    ss. 
County  of J 

I,    ,   do   solemnly   swear    that   I   am 

a  resident  of  the  township  of   ,  or  the  village  of 

,   or  of   the    precinct  of   the 

ward  in  the  city  of  

residing  at   in  said  city,  county  of   

and  state  of  North  Dakota,  and  entitled  to  vote  in  such  precinct  at  the 
next  election  ;  that  I  expect  to  be  absent  from  the  said  county  of  my  res- 
idence on  the  d'^y  of  holding  such  election  and  that  I  will  have  no  oppor- 
tunity to  vote  in  person  oh  that  day. 


Subscribed  and  sworn  to  before  me  this .  day  of 

19 ;  and  I  hereby  certify  that  the  affidavit  (affiant) 


164  STATE  OF  NORTH  DAKOTA 

exhibited  the  enclosed  ballots  to  be  unmarked,  that  he  then,  in  my  pres- 
ence and  in  the  presence  of  no  other  person,  and  in  such  manner  that  I 
could  not  see  his  vote,  marked  such  ballot,  and  enclosed  and  sealed  the 
same  in  this  envelope.  That  the  affiant  was  not  solicited  or  advised  by  me 
to  vote  for  or  against  any  candidate  or  measure. 


Provided,  that  if  the  ballot  enclosed  is  to  be  voted  at  a  primary 
election,  the  affidavit  shall  state  the  name  of  the  political  party  with 
which  the  absent  voter  is  affiliated. 

Note.  If  such  absent  voter  is  luiable  to  sign  his  name,  he  shall 
m^ke  his  mark  (X)  and  the  officer  taking  such  affidavit  shall  sign  such 
voter's  name,  and  shall  -state  the  reason  for  such  affidavit  being  signed 
in  such  manner  in  his  certificate  attached  to  such  affidavit.  (1913,  ch. 
155,  §  6.) 

§  998.  MANNER  OF  MARKING  BALLOT.  Such  absent  voter  shall 
make  and  subscribe  the  said  affidavit  before  an  officer  authorized  by 
law  to  administer  oaths  and  who  has  an  official  seal,  and  such  absent 
voter  shall  thereupon,  in  the  presence  of  such  officer  and  of  no  other  person, 
mark  such  ballot  or  ballots,  but  in  such  manner  that  such  officer  cannot 
see  the  vote,  and  such  ballot  or  ballots  shall  thereupon,  in  the  presence 
of  such  officer,  be  folded  by  such  voter  so  that  each  ballot  will  be  separate. 
and  so  as  to  conceal  the  vote,  and  be  in  the  presence  of  such  officer  de- 
posited by  such  envelope,  and  the  said  envelope  securely  sealed.  Said 
envelope  shall  be  mailed  by  such  absent  voter,  postage  prepaid.  (1913, 
ch.  155,  §  7.) 

§  999.  CARE  OF  BALLOTS  BY  AUDITOR.  Upon  receipt  of  such 
envelope,  such  county  auditor  shall  forthwith  enclose  the  same,  unopened, 
together  with  the  written  application  of  such  absent  voter,  in  a  larger 
envelope  which  shall  be  securely  sealed  and  endorsed  with  the  name  of 
the  proper  voting  precihct,  the  name  and  official  title  of  such  auditor, 
and  the  words,  "This  envelope  contains  an  absent  voter  ballot  and  must 
be  opened  only  on  election  day  at  the  polls  while  the  same  are  opened." 
and  such  auditor  shall  thereafter  safely  keep  the  same  in  his  office  until 
the  same  is  delivered  by  him  as  provided  in  the  next  section.  (1913. 
ch.  155,  §  8.) 

§  1000.  TRANSMISSION  OF  BALLOT  TO  ELECTION  INSPECT- 
OR. In  case  such  envelope  is  received  by  such  auditor  prior  to  the  delivery 
of  the  sealed  package  containing  the  official  ballots  to  the  inspector  of 
elections  of  the  precinct  in  which  such  absent  voter  resides,  such  ballot, 
envelope  and  application  sealed  in  such  envelope  shall  be  enclosed  in  such 
package  and  delivered  therewith  to  the  inspector  of  such  precinct.  In 
case  the  official  ballots  for  such  precinct  shall  have  been  delivered  to 
such  inspector  of  elections  at  the  time  of  the  receipt  by  the  auditor  of 


ELECTION  LAWS  OF  NORTH   DAKOTA  185 


such  absent  voter  ballot,  such  auditor  shall  immediately  enclose  such  ap- 
plication and  such  ballot  with  the  envelope  containing  such  ballot,  un- 
opened, in  a  larger  envelope  which  shall  be  securely  sealed  by  him  and 
endorsed  on  the  front  with  the  name,  official  title,  name  of  precinct  and 
post  office  address  of  the  inspector  of  elections  of  the  precinct  in  which 
such  absent  voter  resides,  and  the  words  "This  envelope  contains  an 
absent  voter  ballot  and  must  be  opened  only  on  election  day  at  the  polls 
while  the  same  are  open,"  and  forthwith  mail  the  same,  postage  prepaid, 
to  such  inspector  of  elections.     (1913,  ch.  155,  §  9.) 

§  lOOl.  MANNER  OF  VOTING.  COID  (VOID)  OR  REJECTBI> 
BALLOTS.  At  any  time  between  the  opening  and  closing  of  the  polls  on 
such  election  day,  the  inspector  or  judges  of  election  of  such  precinct 
shall  first  open  the  outer  envelope  only,  and  compare  the  signature  of 
such  voter  to  such  application  with  the  signature  to  such  affidavit.  In 
case  the  judges  find  the  affidavit  is  sufficient  and  that  the  signatures  cor- 
respond, and  that  the  applicant  is  then  a  duly  qualified  elector  of  such 
precinct  and  has  not  voted  at  such  election,  they  shall  open  the  absent 
voter  envelope,  in  such  manner  as  not  to  destroy  the  affidavit  thereon, 
and  take  out  the  ballot  or  ballots  therein  contained,  and  without  unfolding 
the  same,  or  permitting  the  same  to  be  opened  or  examined,  and  having 
endorsed  the  same  in  like  manner  that  other  ballots  are  endorsed,  de- 
posit the  same  in  the  proper  ballot  box  or  boxes,  showing  by  the  records  of 
such  election  such  elector  to  have  voted.  In  case  such  affidavit  is  found 
to  be  insufficient,  or  that  the  said  signatures  do  not  correspond,  or 
that  such  applicant  is  not  then  a  duly  qualified  elector  of  such  precinct 
such  vote  shall  not  be  allowed,  but  without  opening  the  absent  voter 
envelope,  the  election  inspector  or  a  judge  of  such  election  shall  mark 
across  the  face  thereof,  "Rejected  as  defective,"  or  "Rejected  as  not  an 
elector",  as  the  case  may  be.  The  absent  voter  envelope  when  ^uch 
absent  vote  is  voted,  and  the  absent  voter  envelope  with  its  contents,  un- 
opened, when  such  absent  vote  is  rejected,  shall  be  deposited  in  the  bal- 
lot box  containing  the  general  or  party  ballots,  as  the  case  may  be,  re- 
tained and  preserved  in  the  manner  as  now  by  law  provided  for  the 
retention  and  pre.servation  of  official  ballot  voted  at  such  election.  (1913, 
ch.  155,  §  10.) 

§  1002.     ELECTOR  MAY  VOTE  BEFORE  LEAVING  COUNTY.     The 

provisions  of  this  act  shall  be  construed  so  as  to  x>ermit  any  qualified 
elector  of  this  state  who  is  present  in  this  (his)  county  after  the  official 
absent  voter  ballots  of  such  county  have  l)een  printed,  and  who  has 
reason  to  believe  that  he  will  be  absent  from  such  county  on  election  day 
as  before  provided  in  section  993,  to  vote  before  he  leaves  hLs  county, 
in  like  manner  a.s  absent  voter,  and  any  qualified  elector  who  has  marked 
his  ballot  as  hereinbefore  provided,  who  shall  unexpectedly  return  to  his 
precinct  before  or  on  election  day,  shall  be  permitted  to  vote  in  person. 


186  STATE  OF  NORTH  DAKOTA 


provided   his   ballot   has   not   already   been   deposited    in    the   ballot   box. 
(1913,  ch.  155,  §  11.) 

§  1003.  BALLOTS  FURNISHED  AUDITOR,  WHEN.  It  shall  be 
the  duty  of  the  secretary  of  state,  county  auditor,  or  any  other  officer 
by  law  required  to  prepare  any  general  or  primary  election  ballots,  to  pre- 
pare and  have  printed  and  delivered  to  the  county  auditor  at  least  forty-five 
days  prior  to  the  holding  of  any  general  election  and  fifteen  days  prior 
to  the  holding  of  any  primary  election,  a  sufficient  number  of  absent 
voter  ballots  provided  for  in  Section  994  of  the  Compiled  Laws  of  North 
Dakota  for  1913  and  in  this  act,  for  the  use  of  all  voters  likely  to  be 
absent  from  such  county  on  the  day  of  such  election.  (1913,  ch.  155, 
§  12;  Sp.  S.  1918,  ch.  6,  §  5.) 

See  Opinions  of  Attorney   General  No.  84. 

§  1004.  PENALTY  FOR  VIOLATIONS.  If  any  person  shall  wil- 
fully swear  falsely  to  the  affidavit  in  section  997  provided  for,  he  shall 
upon  conviction  thereof  be  deemed  guilty  of  perjury  and  shall  be  punished 
as  in  such  case  by  law  provided.  If  the  secretary  of  state  or  any  county 
auditor  or  any  election  officer  shall  refuse  or  neglect  to  perform  any  of 
the  duties  prescribed  by  this  article,  or  shall  violate  any  of  the  pro- 
visions thereof,  or  if  any  officer  taking  the  affidavit  provided  for  in  sec- 
tion 997  shall  make  any  false  statement  in  his  certificate  thereto  attached, 
he  shall  be  deemed  guilty  of  a  misdemeanor  and  shall  be  punished  by  a 
fine  not  exceeding  one  hundred  ($100)  dollars,  or  by  imprisonment  in 
the  county  jail  not  exceeding  thirty  (30)  days,  or  by  both  such  fine  and 
imprisonment.     (1913,  ch.  155,  §  13.) 


ELECTORS  IN  MILITARY  SERVICE.  ; 

*Ch.  6,  Sp.  S.  L.  1918.  i 

§  1.     ABSENT  VOTERS  WHO  MAY  VOTE.     Any  qualified  elector  of  ] 

this  state  who  is  absent  from  the  county  in  -which  he  is  an  elector  at  any  j 

general  election  other  than  primary  and  engaged  in  the  military  or  naval  ' 

service  of   the   United   States   may   vote   at   such   election   as   hereinafter  i 

provided.  | 

§  2.     DUTY  OF  COUNTY  AUDITORS.     The  county  auditors  of  each  j 

county  in  this  state  must  prepare,  keep  and  maintain  a  general  register  j 

of  names  of  all  persons  of  their  respective  counties  who  are  engaged  in  I 

the  military  or  naval  service  of  the  United  States  nnd  shall  further  keep  ■ 

and  maintain  a  register  of  such  persons   so   engaged  who   are   qualified  \ 

to  vote  in  their  respective  counties  at  general  elections  other  than  primary,  j 

§  3.     ABSENT  VOTER  BALLOT  HOW  SENT.     It  shall  be  the  duty  i 

df  each  county  auditor,  at  least  forty-five  days  before  any  general  election  ' 
other  than  primary,  of  his  own  atcbrd  aiidwith'6ut  application  from  any 


ELECTION   LAWS   OF   NORTH    DAKOTA  187 


elector,  to  send  such  absent  voter  ballot  to  such  elector  in  the  manner 
provided  in  Section  997  of  the  Compiled  Laws  of  North  Dakota  for  1913; 
provided,  however,  that  the  enclosed  envelope  shall  be  duly  stamped 
with  return  postage  and  the  affidavit  endorsed  thereon  may  be  made  by 
such  elector  before  his  immediate  commissioned  commanding  officer;  and 
provided,  further,  that  such  affidavit  need  not  have  any  venue  if  con- 
trary to  the  military  orders  at  the  place  where  made. 

§  4.  BALLOT  AND  CANVASSING.  Such  absent  voter  shall  make 
and  subscribe  such  affidavit  before  his  immediate  commissioned  com- 
manding officer  and  shall  thereupon,  in  the  presence  of  such  officer  and  of  no 
other  person,  mark  such  ballot  or  ballots  in  the  manner  provided  in  Sec- 
tion 998  of  the  Compiled  Laws  of  North  Dakota  for  1913;  and  the  comity 
auditor,  upon  receipt  of  such  envelope,  shall  proceed  in  the  same  manner 
as  provided  in  Section  999  of  the  Compiled  Laws  of  1913  relating  to 
absent  voter  ballots;  provided,  however,  that  if  any  such  envelope  is 
received  by  such  county  auditor  too  late  to  be  forwarded  to  the  proper 
voting  precinct  in  time  to  be  canvassed,  the  same  shall  be  retained  by 
him  and  canvassed  by  the  canvassing  board  of  the  county  of  such  audi- 
tor at  any  time  prior  to  the  meeting  of  the  state  canvassing  board  or 
any  adjourned  meeting  of  said  board  where  the  same  has  been  received 
by  such  auditor  in  time  to  canvass  and  transmit  the  results  to  the  state 
canvassing  board.  In  all  other  respects  such  absent  voter  ballot  of  electors 
engaged  in  the  military  service  of  the  United  States  shall  be  treated  in 
the  same  manner  as  now  provided  for  the  absent  voter  ballots. 


ARTICLE  17.— CANVASS  OF  RETURNS. 

§  1005.  CANVASS  OF  VOTES.  As  soon  as  the  polls  of  the  election 
shall  be  finally  closed  the  inspectors  shall  proceed  immediately  to  can- 
vass publicly  in  the  presence  of  all  persons  desiring  to  attend  the  same 
the  votes  received  at  such  polls  and  continue  without  adjournment  until 
the  canvass  is  completed  and  the  statements  hereinafter  required  are 
made.  They  shall  commence  by  a  comparison  of  the  poll  lists  and  the 
correction  of  any  mistakes  therein  until  they  shall  be  found  or  made  to 
agree.  The  box  shall  then  be  opened  and  the  ballots  taken  out  and 
counted  by  the  inspectors,  unopened,  except  so  far  at  so  ascertain  whether 
each  ballot  is  single ;  and  if  two  or  more  ballots  are  found  so  folded 
together  as  to  present  the  appearance  of  a  single  ballot  they  shall  be  laid 
aside  until  the  count  of  the  ballot  is  completed,  and  if,  upon  a  comparison 
of  the  count  and  the  appearance  of  such  ballot,  a  majority  of  the  in- 
spectors shall  be  of  the  opinion  that  the  ballots  thus  folded  together  were 
voted  by  one  elector,  they  shall  be  destroyed.  If  the  ballots  in  the  box 
shall  be  found  to  exceed  in  number,  after  any  such  ballots  folded  together 
are  destroyed,  the  whole  number  of  votes  on  the  poll  lists,  they  shall  be 
replaced  in  the  box,  and  one  of  the  inspectors  shall  publicly  draw  there- 


188                   STATE  OF  NORTH  DAKOTA  1 

from  by  chance  and  without  examination  thereof  and  destroy  as  many  ■ 

ballots  unopened  as  shall  be  equal  to  such  excess.    The  number  of  ballots  | 

agreeing,  or  so  as  aforesaid  being  made  to  agree  with  the  poll  lists,  the  j 

inspectors  shall  then  proceed  to  open,   count  and  ascertain   the  number  | 

of  votes.      (R.  C.  1905,  §  647;  1891,  ch.  66,  §  35;  R.  C.  1899,  §  523;  Ch.  [ 

27,  §  §  25,  26,  27,  Pol.  C.  1877.)  j 

Construction    for    marking    of  .  ballots    is    question    for    court,    and    not    for  ! 

jury.    Church  v.  Walker,  10  S.  D.  90,  72  N.  W.  101.  j 

Where  a  cross  within  a  circle  is  made  with  an  official  stamp,  a  cross  just  ! 

outside  made   with   pencil   is  presumed   to  be   an  identifying   mark.     Church   v.  1 

Walker,   10  S.   D.   90,   72  N.   W.  101.  \ 

Requirement  that  names  be  printed  on  the  ballot  is  constitutional.     Cham-  ■ 

berlain  v.  Wood,  IS  S.  D.  216,  88  N.  W.  109.  i 

Writing   a    name   which   appears   in   print   upon   ballot    immediately   beneath 
erased    name    of   an    opposing    candidate    invalidates    vote    for    both    candidates. 

Parmley   v.    Realty,    7    S.    D.    401,    64   N.    W.    186;    Vallier   v.    Brakke,    7    S.    D.  j 

343,  64  N.  W.  180.  j 

Ballots  which  are  not  officially   stamped  should  not  be  counted.     Miller  v.  i 
Schallern,  8  N.  D.  395,  79  N.   W.  865. 

Where   result   of  election   is   contested,    whole    vote   of   precinct   will   not   be  i 
thrown  out  because  of  illegal  votes,   unless  fraud  on  part  of  officials   is  shown 

by  competent  proof.     Briggs  v.  Christ,  28  S.  D,  562,  134  N.  W.  321.  ; 
See  Opinions  of  Attorney  General  No.   85. 

i 

§  1006.     BALLOTS,  WHEN  VOID.     In  the  canvass  of  the  votes,  any  i 

ballot  which  is  not  indorsed  as  provided  in   this  chapter  by  the  official  j 
stamp  and  initials  shall  be  void  and  shall  not  be  counted,  and  any  ballot 

or  parts  of  a  ballot  from  which  it  is  impossible  to  determine  the  elector's  , 

choice  shall  be  void  and  shall  not  be  counted ;  provided,  that  when  a  ballot  I 

is  suflSciently  plain  to  gather  therefrom  a  part  of  the  voter's  intention  it  ; 

shall  be  the  duty  of  the  judges  of  election  to  count  such  part.     (R.  C.  1905,  j 

§  648;  1891,  ch.  66,  §  30;  R.  C.  1899,  §  524.)  ! 

Mandatory.      Unstamped   ballots   illegal.     Miller   v.    Schallern,    8   N.    D.    395,  ' 

79  N.  W.  865.     Lorin  v.  Seitz,  8  N.  D.  404,  79  N.  W.  869;  Howser  v.   Pepper,  8  I 
N.    D.   484,  79  N.    W.   1018. 

Votes    not    stamped    and    initialed    must    be    excluded.      Perry    v.    Hackney,  ■ 

11   N.   D.  148,  90  N.   W.  483.  ' 

Ballot   ought   to   have   been   rejected  where   cross    made   was   to    the   left  of  ! 

circle  intended  therefor.     Treat  v.   Morris,  25   S.   D.  615,   127  N.   W.   554.  ; 

Provisions  in   relation   to   second  choice  voting,   under  chapter  212   of   Laws 
of    1911,    are    not    mandatory,    and    failure    to    vote    for    second    choice   will    not 

affect  validity  of  vote  for  first  choice.     State  ex  rel.    Shaw  v.  Harmon,  23  N.  D.  '. 
513,  137  N.  W.  427. 

A  ballot   which  is  in   all  respects   regular  upon    its   face   and   is   indorsed  l)y  ; 
the   official    stamp   as    required   by    law,    and    also   contains    the    initials    of   the 

inspector,    must    be    counted    although    such    initials    were    not    indorsed   by    the  ] 
inspector  but  by  one  of  the  judges  of  the   election   at   the   inspectors'   request, 

Fuerst  V.  Semmler,  28  N.   D.  411,  149  N.   W.   115.  i 

Validity  and  construction  of  law  as  to  marking  ballots.     47  L.  R.  A.  856.  ; 

Official  marks  on  ballots.     47  L.   R.   A.   808.  \ 

Ambiguities  in  ballots,  evidence  to  explain.     10  Am.   St.   Rep.   317.                              :  j 


ELECTION   LAWS  OF   NORTH    DAKOTA 


Does  marking  some  but  not  all  of  the  candidates  on  a  party  ticket  defeat 
the  effect  of  marking  tmder  the  party  emblem  as  a  vote  for  the  omitted  candi- 
dates, where  no  votes  were  cast  for  their  opponents.    28  L.  R.  A.  (N.  S.)  461. 

§  1007.  RESULT  OF  CANVASS  TO  BE  IMMEDIATELY  MADE. 
The  inspectors  shall  as  soon  as  the  count  is  completed  publicly  announce 
the  result  thereof,  specifying  the  whole  number  of  votes  cast  for  each 
oflSce  and  for  each  candidate  respectively;  also  the  number  of  votes  cast 
for  and  against  each  proposition  voted  for  at  such  election.  They  shall 
immediately  prepare  in  triplicate  a  statement  in  writing  setting  forth  at 
length,  in  words  and  figures  the  whole  number  of  votes  cast  for  each 
office  and  the  names  of  all  the  persons  for  whom  such  votes  were  cast, 
together  with  the  number  of  votes  cast  for  each  person,  also  the  number 
of  votes  cast  for  and  against  each  proposition  voted  upon  at  such  elec- 
tion which  statement  they  shall  certify  to  be  correct.  (1919,  Ch.  121,  §  1; 
R.  C.  1905,  §  649;  1891,  Ch.  66,  §  36;  R.  C.  1899.  §  525;  Ch.  27,  §  28,  Pol. 
C.  1877.) 

§  1008.  RETURNS.  HOW  AND  WHERE  MADE.  COMPENSA- 
TION OF  OFFICERS.  The  inspector  of  election  or  one  of  the  judges 
appointed  by  him  shall  forthwith  deliver  to  the  clerk  of  the  town,  city 
or  village,  one  of  such  statements  and  one  of  such  poll  lists,  together 
with  the  stamps  inscribed  with  the  words  "official  ballot"  to  be  filed  and 
preserved  in  his  office,  and  shall  with  all  convenient  dispatch  and  within 
three  days  after  the  election,  deliver  the  other  two  statements  to  the 
County  Auditor  and  Secretary  of  State,  respectively,  by  registered  mail, 
said  statement  having  been  by  the  judges  carefully  sealed  up,  together 
with  the  other  poll  lists,  and  with  the  oaths  of  inspectors  and  clerks 
affixed,  under  cover,  properly  directed  to  the  County  Auditor  and  Sec- 
retary of  State,  respectively,  and  the  person  mailing  such  returns  shall 
receive  as  compensation  therefor  the  sum  of  two  dollars  ($2.00)  to  be 
paid  out  of  the  county  treasury  on  a  warrant  of  the  County  Auditor. 

The  statement  and  poll  lists  aforesaid,  having  been  duly  prepared 
for  delivery  to  the  County  Auditor  as  aforesaid,  the  inspector  and  judges 
of  election  shall  cause  the  ballots  of  each  kind  cast  at  such  election  to 
be  smoothly  spread  upon  a  wrapper  of  strong  durable  paper  of  the  same 
width  of  such  ballots  and  of  sufficient  strength  to  permit  of  its  being 
folded  with  the  said  ballots  and  form  a  complete  wrapper  therefor  when 
folded.  Such  ballots  and  wrappers  shall  then  be  tightly  folded  together 
and  the  said  wrapper  securely  pasted  or  glued  at  the  outer  end  so  as  to 
completely  envelope  and  firmly  hold  such  roll  together. 

Provided,  that  ballots  which  are  void  shall  be  wrapped  in  a  separate 
wrapper  and  so  marked  on  said  wrapper. 

In  the  folding  and  sealing  of  the  ballots  as  aforesaid  the  various 
classes  of  ballots  shall  be  kept  separate. 

The  judges  shall  fold  in  two  folds  and  lay  in  tiers  all  ballots  counted 
by  them  except  those  which  are  void,  and  fold  same  securely  in  manila 


190  STATE  OF  NORTH  DAKOTA 


wrappers  not  exceeding  two  hundred  (200)  to  each  wrapper,  on  which 
shall  be  endorsed  in  writing  or  print,  the  number  of  the  precinct,  date 
on  which  election  was  held,  and  securely  seal  such  wrappers  by  sealing 
them  with  sealing  wax  and  stamping  on  said  wax  the  name  of  the  county 
with  a  metal  stamp  provided  for  that  purpose,  so  that  said  wrappers  can- 
not be  opened  without  breaking  the  seal,  and  return  by  mail  said  ballots 
opened  together  with  those  found  void,  to  the  county  judge.  Immediately 
upon  receiving  such  ballots,  the  county  judge  shall  give  receipt  therefor 
to  said  judges  of  election,  and  shall  place  them  properly  arranged  in  the 
order  of  the  precinct  numbers  in  boxes  which  shall  be  securely  locked. 
Said  boxes  shall  be  placed  in  a  fireproof  vault  and  shall  be  securely  kept 
for  six  months,  not  opening  or  inspecting  them  nor  allowing  any  one  else 
to  do  so,  except  upon  order  of  court,  in  case  of  contested  election,  or 
when  it  shall  be  necessary  to  produce  them  at  a  trial  for  any  offense 
committed  at  elections.  At  the  end  of  six  months  after  said  election,  said 
ballots  shall  be  destroyed ;  provided,  that  if  any  contest  of  the  election 
of  any  officer  voted  for  at  such  election  or  prosecution  under  this  article 
shall  be  pending  at  the  expiration  of  said  time,  the  said  ballots  shall 
not  be  destroyed  until  such  contest  or  prosecution  be  finally  determined. 
In  organized  townships  or  in  cities  or  villages,  the  inspector  of  election 
shall  deliver,  if  he  is  not  himself  the  officer  in  question,  the  ballot  boxes 
together  with  said  metal  stamp  to  the  chairman  of  the  board  of  super- 
visors of  the  civil  township,  or  mayor  of  the  city  or  president  of  the  vil- 
lage, in  which  the  election  precinct  is  situated,  as  the  case  may  be;  and 
this  officer  shall  keep  in  safe  custody  such  boxes  and  stamp  until  the 
next  election,  or  hand  them  over  to  his  successors  in  office  to  be  safely 
kept  by  him  until  such  time.  At  the  following  general  or  primary  elec- 
tion it  shall  be  the  duty  of  these  officers  to  hand  the  ballot  boxes  and 
said  stamp  over  to  the  inspector  of  elections.  In  unorganized  townships 
the  inspector  of  elections  shall  cause  the  ballot  boxes  to  be  delivered  by 
mail  to  the  county  auditor,  at  the  time  when  the  ballots  are  returned. 
Any  person  violating  any  of  the  provisions  of  this  section  is  guilty  of  a 
misdemeanor. 

It  is  the  purpose  of  this  Act  (section)  to  provide  a  safe  place  for 
the  keeping  of  the  ballots  and  to  make  them  readily  accessible  for  use 
in  legal  proceedings,  and  such  ballots  shall  be  received  in  evidence  with- 
out further  identification  or  foundation  being  laid,  and  any  failure  on 
the  part  of  the  election  officers  to  comply  with  any  of  the  formalities 
required  hereby  as  to  the  return  of  said  ballots  shall  not  invalidate  any 
election  or  cause  any  ballot  otherwise  regular  to  be  disregarded  and  any 
omission  or  irregularities  in  the  manner  of  identifying  or  returning  the 
ballots  of  any  precinct  may  be  obviated  by  proof  under  the  ordinary 
rules  of  evidence.  (1919,  eh.  121;  1913,  ch.  154,  §  2 ;  R.  C.  1905,  §  650; 
1891,  ch.  66,  §  37;  R.  C.  1899,  §  526;  Ch.  27,  §  29,  Pol.  C.  1877.) 

When  it  appears  that  the  ballot  boxes  have  not  been  kept  by  the  person 
legally   charged  with   their  custody,   and   that   they   have   been   exposed   to  the 


ELF.CTION   LAWS  OF    NORTH    DAKOTA  191 


reach  of  unauthorized  persons  for  a  "considerable  time,  the  ballots  lose  their 
character  as  the  best  evidence  and  cannot  be  allowed  to  impeach  the  official 
canvass.     Howser  v.  Pepper,  8  N.  D.  484;  79  N.  W.  1018. 

The  purpose  of  authorizing  the  board  to  have  the  ballot  boxes  brought  in  is 
not  clear,  but  so  far  as  it  can  be  ascertained  it  is  merely  to  provide  an  additional 
safeguard  for  their  custody.  No  authority  is  given  to  the  board  to  open  the  box 
and  canvass  the  ballots  and  no  such  power  can  be  inferred  from  the  mere  exist- 
ence of  the  right  to  have  the  boxes  sent  to  the  Auditor.  State  v.  McKenzie,  10 
N.  D.  139,  86  N.  W.  231. 

Candidate  who  unlawfully  opens  ballot  box  cannot  assail  official  canvass  on 
which  certificate  election  issued  to  his  opponent.  McMahon  v.  Crockett,  12 
S.  D.  11,  80  N.   W.   136. 

Scope  and  effect  of  provisions  in  election  law  for  preservation  of  ballots. 
30  L.  R.  A.  (N.  S.)  602. 

§  1009.  ABSTRACT  OF  VOTES ;  CANVASS  OF  VOTES ;  CER- 
TIFICATES OF  ELECTION;  TIE,  HOW  DECIDED;  PUBLICATION 
OF  ABSTRACT.  On  the  second  Friday  after  each  election,  or  as  soon  as 
the  returns  are  received,  the  County  Auditor  shall  call  to  his  assistance 
a  majority  of  the  County  Commissioners  of  the  county  or  the  County 
Treasurer,  County  Judge  and  one  County  Commissioner,  and  none  of  the 
persons  so  called  shall  be  a  candidate  for  office,  unless  there  is  not  suf- 
ficient of  such  officers  who  are  not  candidates,  and  shall  proceed  to  open 
such  returns  and  make  abstracts  of  votes  in  the  manner  following  from 
the  certified  statements  prepared  by  the  different  inspectors  of  election  in 
the  various  precincts.  The  abstract  of  votes  for  United  States  Senator, 
Member  of  Congress,  Governor,  State  Auditor,  Commissioner  of  Insur- 
ance, Commissioner  of  Agriculture  and  Labor,  State  Treasurer,  Secretary 
of  State,  Attorney  General,  Commissioners  of  Railroads,  Superintendent 
of  Public  Instruction  and  Lieutenant-Governor  shall  be  on  one  sheet;  the 
abstract  of  votes  for  members  of  the  legislative  assembly  shall  be  on  one 
sheet ;  the  abstract  of  votes  for  county  and  precinct  officers  shall  be  on 
one  sheet ;  and  it  shall  be  the  duty  of  the  County  Auditor  immediately  to 
make  out  a  certificate  of  election  to  each  of  the  persons  having  the  high- 
est number  of  votes  for  county  and  precinct  offices,  respectively,  and  to 
deliver  such  certificate  to  the  i>erson  entitled  thereto  on  his  making  appli- 
cation to  the  County  Auditor  therefor ;  provided,  that  when  a  tie  shall 
exist  between  two  or  more  persons  for  the  Senate  or  House  of  Representa- 
tives, if  such  district  is  within  the  boundary  of  one  county,  the  Auditor 
of  such  county,  and  if  such  district  is  within  the  boundaries  of  more  than 
one  county,  then  the  County  Auditor  of  the  county  casting  the  greater 
number  of  votes  for  the  office  for  Governor,  shall  immediately  by  regis- 
tered letter  addressed  to  the  respective  candidates  at  their  post  office  ad- 
dress, give  notice  to  the  several  persons  so  having  the  highest  and  equal 
number  of  votes  to  attend  at  his  office  at  a  time  appointed  by  him,  which 
shall  not  be  more  than  twenty  days  after  the  tie  shall  have  been  de- 
clared by  such  County  Auditor  and  they  shall  then  proceed  publicly  to 
decide  by  lot  which  of  the  persons,  so  having  the  highest  and  equal  num- 
ber of  votes  shall  be  declared  duly  elected  and  such  Auditor  shall  make 


192  STATE  OF  NORTH  DAKOT^ 

and  deliver  to  the  person  thus  declared  duly  elected  a  certificate  of  his 
election  as  hereinbefore  provided.  It  shall  be  the  duty  of  the  County 
Auditor  of  each  county,  on  receipt  of  the  returns  of  any  election,  to  make 
out  his  certificate,  stating  therein  the  compensation  to  which  the  judges 
and  clerks  of  election  may  be  entitled  for  their  services,  and  lay  the 
same  before  the  Board  of  County  Commissioners  at  their  next  session, 
and  the  said  board  shall  order  the  compensation  aforesaid  to  be  paid 
out  of  the  county  treasury.  Immediately  after  canvassing  the  returns 
and  making  the  abstract  of  votes  as  provided  in  this  Section,  the  County 
Auditor  shall  make  a  certified  copy  of  each  abstract  and  forward  it  to 
the  Secretary  of  State,  and  also  cause  to  be  published  in  the  oflicial 
newspapers  of  the  county,  in  tabular  form,  the  vote  by  precincts  for  each 
officer  and  proposition  voted  for  at  said  election.  Such  publication  to  be 
paid  for  at  a  rate  not  exceeding  the  rate  paid  for  publishing  County. 
Commissioners'  proceedings.  If  the  County  Auditor  is  a  candidate  for  of- 
fice, he  shall  take  no  part  in  the  canvass,  but  shall  act  as  clerk  of  such 
board  of  canvassers,  and  the  two  oflScers  called  to  the  assistance  of  the 
County  Auditor  to  make  such  canvass,  shall  call  to  their  assistiince  a  jus- 
tice of  the  peace,  and  it  shall  thereupon  be  their  duty  at  once  to  attend 
and  canvass  such  returns  as  provided  by  law.  (1915,  ch.  146;  1909,  ch. 
95;  R.  C.  1905,  §  651;  1881.  ch.  71,  §  1 ;  1899,  ch.  87;  R.  C.  1899,  §  527; 
1901,  eh.  81;  1903,  ch.  119;  Ch.  27,  §  31;  Pol.  C.  1877.) 

Certificate  of  election,  prima  facie  title  to  office. 

Butler  V.  Callahan,  4  N.  D.  481,  61  N.  W.  1025. 

State  V.  Archibald,  5  N.  D.  359,  66  N.  W.  234. 

Chandler  v.  Starling,  19  N.  D.  144,  121  N.  W.  198. 

Holtan  V.  Beck,  20  N.  D.  5,  125  N.  W.  1048. 

State  V.  McDonald,  41  N.  D.  389,  170  N.  W.  873. 

The  duties  of  a  canvassing  board  are  purely  ministerial  and  in  performing 
them  they  are  limited  to  a  consideration  of  the  certified  statements  returned  by 
the  precinct  election  officers.     State  v.  Willis,  19  N.  D.  220,  124  N.  W.  706. 

A  certificate  of  election  issued  by  a  canvassing  board  on  account  of  votes 
from  tally  lists  returned  to  them  with  the  poll  books  of  a  precinct  must  be  can- 
celled, when  it  appears  from  the  official  statement  returned  by  the  election  of- 
ficers of  the  precinct  that  another  candidate  has  been  elected.  Eakin  v.  Camp- 
bell, 10  N.  D.  416,  87  N.  W.  991. 

Board  of  canvassers  cannot  refuse  to  canvass  votes  because  no  nominations 
were  made  as  prescribed  by  law.  Chamberlain  v.  Hedger,  12  S.  D.  135,  80 
N.   W.   178. 

State  board  of  canvassers  required  to  canvass  all  votes  cast  in  every  county 
if  duly  authenticated  returns  are  obtainable.  Woods  v.  Sheldon,  9  S.  D.  392, 
69  N.  W.  602. 

Mandamus  is  proper  proceeding  to  compel  board  of  canvassers  to  act  when 
it  refuses  to  do  so;  adjournment  sine  die  is  not  a  ground  for  refusing  the  writ. 
Smith  V.  Lawrence,  2  S.  D.  185,  49  N.  W.  7, 

Tally   list   not   part   of   the    returns.     State   v.    McKenzie,    10   N.    D.    132,    82 

,vr  vN;  W.  231. 

.     '        See  Pe4prson  v.  Bd.  of  Comm.,  23  N.  D.  547,  137  N.  W.  484. 

Abstract  of  vote,  upon  division  proposition  which  shows  "on  its  face  that  it  is 
incomplete,    is    not    prima    facie    evidence    of    result    of    election.      State    ex    rel. 


ELECTION   LAWS   OF   NORTH    DAKOTA  193 


Minehan  v.  Thompson,  24  N.  D.  273,  139  N.  W.  960. 
See  Opinions  of  Attorney  General,  No,  85a. 

§  1010.  TIE  VOTE.  DUTY  OF  COUNTY  AUDITOR.  If  the  requisite 
number  of  officers  shall  not  be  elected  by  reason  of  two  or  more  persons 
having  an  equal  and  highest  number  of  votes  for  one  and  the  same 
oflSce,  the  county  auditor  whose  duty  it  is  to  compare  the  polls  shall 
give  notice  to  the  several  persons  so  having  the  highest  and  equal  num- 
ber of  votes  to  attend  at  his  office  at  a  time  appointed  by  him,  and  they 
shall  then  proceed  publicly  to  decide  by  lot  which  of  the  persons  so  having 
an  equal  number  of  votes  shall  be  declared  duly  elected,  and  such  auditor 
shall  make  and  deliver  to  the  person  thus  declared  duly  elected  a  cer- 
tificate of  his  election  as  hereinbefore  provided.  (R,  C.  1905,  §  652 ;  R.  C. 
ISOa  §  528;  ch.  27,  §  32,  Pol.  C.  1877.) 

Decision  of  tie  vote.     47  L.   R.  A.   551. 

Right  of  candidate  receiving  next  highest  number  of  votes  in  the  event  that 
the  person  receiving  the  highest  number  is  ineligible.  13  L.  R.  A.  (N.  S.)  1013; 
34  L.  R.  A.   (N.  S.)  240. 

Tie  vote.    Howser  v.  Pepper,  8  N.  D.  484,  79  N.  W.  1018. 

§  lOlOii.  LEGISLATIVE  DISTRICTS  COMPOSED  OF  TWO  OR 
MORE  COUNTIES.  When  two  or  more  counties  are  embraced  in  one 
senatorial  district,  the  respective  county  auditors  shall  attend  at  the 
office  of  the  county  auditor  of  the  senior  county  of  such  district  within 
twenty  days  after  the  day  of  election,  and  in  conjunction  with  the  auditor 
of  the  senior  countr  shall  compare  the  votes  cast  in  the  several  counties 
comprising  such  district;  and  such  auditors  shall  immediately  make  out 
a  certificate  of  election  for  the  person  having  the  highest  number  of  votes 
in  such  district  for  members  of  the  legislative  assembly,  which  certificates 
shall  be  delivered  to  the  persons  entitled  thereto  on  application  to  the 
county  auditor  of  the  senior  county  of  such  district.  (1899,  §  529;  1881, 
ch.  74.  §  3.) 

This  section  is  omitted  from  the  Revised  Codes  of  1905  and  the  Compiled 
Laws  of  1913,  apparently  on  the  theory  that  it  was  repealed  by  Ch.  119,  Laws 
of  1903,   section  1024,   C.  L.   1913. 

See  section  875. 

§  1011.     STATE  BOARD  OF  CANVASSERS,  HOW  CONSTITUTED. 

The  secretary  of  state,  state  auditor,  state  treasurer,  attorney -general  and 
superintendent  of  public  instruction  shall  constitute  the  state  board  of 
canvassers,  three  of  whom  shall  be  a  quorum  for  the  transaction  of  bus- 
iness, and  if  less  than  a  quorum  of  said  officers  attend  on  the  day  ap- 
IKjinted  for  a  meeting  of  the  board,  then  those  so  attending  are  hereby 
authorized  to  summon  others  of  the  state  officers  sufficient  to  constitute 
a  quorum,  who  on  being  notified  by  the  officer  or  officers  so  attending,  shall 
attend  without  delay  and  act  as  a  member  of  such  board.  (R.  C.  1905, 
§  653;  1892,  Sp. ;  R.  C.  1895,  §  530;  Ch.  27,  §  33,  Pol.  C.  1877.) 


194  STATE  OF  NORTH  DAKOTA 

§  1012.  WHEN  MEMBER  DISQUALIFIED.  When  a  member  of 
such  board  is  a  candidate  for  any  oflBce  as  to  which  the  votes  are  to  be 
canvassed  by  him,  the  governor  shall  designate  some  other  state  oflScer 
who  shall  act  in  his  stead  at  the  session  of  the  board  while  the  votes 
given  for  such  member  are  being  canvassed.  (R.  C.  1905,  §  654 ;  1802,  Sp.  • 
R.  C.  1899,  §  531.) 

§  1013.  COUNTY  AUDITOR  TO  FORWARD  ABSTRACT,  OF 
VOTES.  It  shall  be  the  duty  of  the  County  Auditor  of  each  county,  under 
his  official  seal,  to  return  to  the  Secretary  of  State  within  twenty  days 
following  any  general  election,  or  any  special  election,  a  certified  abstract 
of  the  votes  cast  in  his  county  at  such  election  for  each  candidate  for 
state  and  congressional  offices,  electors  for  president  and  vice-president, 
judges  of  the  supreme  and  district  courts,  members  of  the  legislative  as- 
sembly and  for  amendments  to  the  Constitution  or  proposition  submitted 
by  the  legislative  assembly;  providea,  that  the  County  Auditor  shall 
make  a  separate  certified  abstract  of  ine  votes  cast  for  persons  for  elec- 
tors of  president  and  vice-president  oi  the  United  States.  He  shall  seal 
up  such  separate  abstract  and  endorse  it:  "Presidential  Election  Re- 
turns" and  without  delay  transmit  it  to  the  Secretary  of  State  by  regis- 
tered mail.  It  is  also  hereby  made  the  duty  of  the  County  Auditor  to 
file  with  the  Secretary  of  State,  at  the  same  time  as  he  transmits  the 
certified  abstract  of  the  votes  cast  in  his  county,  a  certificate  showing 
the  names"  and  addresses  of  the  persons  who  were  elected  to  the  various 
county  offices  In  his  county.  (1915,  Ch.  151 ;  R.  C.  1905,  §  655 ;  1892,  Sp. ; 
R.  C.  1895,  §  532.) 

§  1014.  SECRETARY  OF  STATE  TO  FILE  ABSTRACT  OF  VOTES. 
The  secretary  of  state  upon  receipt  of  the  certified  abstract  of  votes  from 
the  several  counties  shall  record  the  result  of  such  election  by  counties 
and  shall  file  and  carefully  preserve  the  certified  statements  so  received 
from  the  county  auditors,  and  if  no  such  statement  shall  be  received 
by  him  from  the  county  auditor  of  any  county  prior  to  the  time  specified 
for  the  meeting  of  state  board  of  canvassers  he  may  and  it  is  his 
duty  to  dispatch  a  special  messenger  to  obtain  such  statement,  at  the 
expense  of  such  county,  and  such  auditor  shall  on  demand  of  such 
messenger  make  and  deliver  to  him  the  statement  required  which  the 
messenger  shall  deliver  to  the  secretary  of  state  to  be  recorded  and  filed 
by  him  as  aforesaid.  Such  messenger  shall  be  allowed  the  sum  of  ten 
cents  per  mile  for  each  mile  necessarily  traveled  in  going  to  and  return- 
ing from  the  office  of  such  county  auditor,  the  same  to  be  audited  by  the 
state  auditor  upon  the  certificate  of  the  secretary  of  state  and  the  state 
treasurer  shall  present  a  bill  for  the  amount  so  audited  against  the  county 
failing  to  send  up  such  returns  as  above  provided,  which  bill  so  pre- 
sented shall  be  audited  by  the  board  of  county  commissioners  of  such 
county  and  paid  by  the  county  treasurer.  (R.  C.  1905,  §  656;  1892,  Sp. ; 
R.  C.  1895,  §  533;  Ch.  27,  §  34 ;  Pol.  C.  1877.) 


ELECTION  LAWS  OF  NORTH   DAKOTA  195 


Abstract  of  vote,  upon  division  proposition  which  shows  on  its  face  that  it 
is  incomplete,  is  not  prima  facie  evidence  of  result  of  election.  State  ex  rel. 
Minehan  v.  Thompson,  24  N.  D.  273,  139  N.  W.  960. 

§  1015.  STATE  CANVASSING  BOARD,  MEETING  OF.  For  the 
purpose  of  canvassing  and  ascertaining  the  result  of  such  election,  the 
State  Board  of  Canvassers  shall  meet  at  the  oflSce  of  the  Secretary  of 
State  on  the  first  Tuesday  m  December  next  after  a  general  election  and 
within  thirty  days  after  a  special  election,  and  the  Secretary  of  State 
shall  notify  the  other  members  of  the  board  of  the  same.  (1915,  ch.  151; 
R.  C.  1905,  §  657;  1892,  Sp. ;  R.  C.  1899,  §  534.) 

See  Opinions  of  the  Attorney  General,  No.  86. 

§  1016.  DUTY  OF  BOARD.  The  board  when  thus  formed  shall 
examine  such  certified  statements  of  the  county  canvassers,  and  if  it  shall 
appear  that  any  material  mistake  has  been  made  in  the  computation  of 
votes  given  for  any  person,  or  that  the  county  canvassers  in  any  coimty 
have  omitted  to  canvass  the  votes,  or  any  part  thereof,  cast  in  any  pre- 
cinct in  their  county,  the  board  may  dispatch  a  messenger  to  the  county 
auditor  of  such  county  at  the  expense  of  such  county,  with  its  require- 
ment in  writing  to  him  to  certify  the  facts  concerning  such  mistake  and 
the  reason  why  such  votes  were  not  canvassed ;  and  the  county  auditor 
to  whom  any  such  requirement  is  delivered  shall  forthwith  make  a  true 
and  full  answer  thereto  under  his  hand  and  official  seal,  and  deliver  the 
same  to  such  messenger  who  shall  deliver  the  same  with  all  convenient 
dispatch  to  the  secretary  of  state.  (R.  C.  1905,  §  658;  1892,  Sp. ;  R.  C. 
1895,  §  535-^ 

May  adjourn  for  a  reasonable  time  to  obtain  properly  authenticated  returns. 
Woods  V.  Sheldon,  9  S.  D.  392,  69  N.  W.  602. 

§  1017.,  ADJOURNMENT  OF  BOARD.  Such  board  may  adjourn 
from  day  to  day,  not  exceeding  three  days  in  all,  except  to  await  the 
return  of  a  messenger  dispatched,  as  provided  in  the  preceding  section, 
and  then  only  for  such  time  as  may  be  necessary.  (R.  C.  1905.  §  059; 
1892,  Sp.;  1897,  ch.  34;  R.  C.  1899,  §  536.) 

Mandamus  to  compel  election  officers  to  act  after  they  have  met  and  ad- 
journed.   36  L.  R.  A.  (N.  S.)  1089. 

§  1018.  CANVASS  OF  VOTES  TO  BE  PUBLIC.  Upon  the  certified 
statements  and  returns  so  received  the  board  shall  proceed  publicly  to 
examine  and  make  a  statement  of  the  whole  number  of  votes  given  at 
any  such  election  for  each  and  all  state  officers;  and  another  statement 
of  the  votes  given  for  members  of  congress,  each  of  which  statements 
shall  show  the  names  of  the  persons  to  whom  such  vote  shall  have  been 
given  for  either  of  said  offices,  and  the  whole  number  of  votes  given  to 
each,  distinguishing  the  several  districts  and  counties  in  which  they  are 
given.     A  majority  of  such  canvassers  shall  decide  all  matters  of  dis- 


196  STATE  OF  NORTH  DAKOTA 

agreement,  and  they  shall  disregard  all  technicalities  and  misspelling, 
the  use  of  initial  letters  and  abbreviations  of  the  names  of  candidates,  if 
it  can  be  ascertained  from  the  returns  for  whom  the  votes  were  intended. 
In  case  there  shall  be  no  choice  by  reason  of  any  two  or  more  persons 
having  an  equal  and  the  highest  number  of  votes  the  governor  shall  by 
proclamation  order  a  new  election.  (R.  C.  1905,  §  660;  1892,  Sp. ;  R.  C. 
1895,  §  537;  Ch.  27,  §  45.  Pol.  C.  1877.) 

§  1019.  CERTIFICATE  OF  RESULT.  They  shall  certify  such 
statements  to  be  correct  and  subscribe  their  names  thereto  and  they 
shall  thereupon  determine  what  persons  have  been  by  the  greatest  num- 
ber of  votes  duly  elected  to  such  offices,  or  either  of  them,  and  shall 
make  out  and  subscribe  on  each  statement  a  certificate  of  such  determin- 
ation and  deliver  the  same  to  the  Secretary  of  State.  (R.  C.  1905,  §  661; 
1892,  Sp.;  R.  C.  1899,  §  538.) 

Abstract  of  vote  upon  division  proposition  which  shows  on  its  face  that  it  is 
incomplete,  is  not  prima  facie  evidence  of  result  of  election.  State  ex  rel. 
Minehan  v.  Thompson,  24  N.  D.  273,  139  N.  W.  960. 

§  1020.  CERTIFICATES  OF  ELECTION,  SECRETARY  OF  STATE 
TO  ISSUE.  The  secretary  of  state  shall  record  in  his  ofiice  each  certified 
statement  and  determination  so  made  by  said  board,  and  shall  forthwith 
make  out  and  transmit  to  each  of  the  persons  thereby  declared  to  be 
elected  a  certificate  of  election  as  hereinafter  provided  and  he  shall  also 
forthwith  cause  a  copy  of  such  certified  statement  and  determination  to 
be  published  in  a  newspaper  printed  at  the  seat  of  government.  (R.  C. 
1905,  §  662;  1892,  Sp. ;  R.  C.  1899,  §  539.) 

See  note  to  1009. 

State  V.  Robinson,  35  N.  D.  429,  160  N.  W.  514. 

.§  1021.  CERTIFICATE  FOR  MEMBERS  OF  CONGRESS.  Cer- 
tificates of  the  election  of  members  of  congress  shall  be  signed  by  the 
governor  with  the  great  seal  affixed  and  be  countersigned  by  the  secretary 
of  state. and  the  governor  shall  cause  same  to  be  delivered  to  the  persons 
elected.     (R.  C.  1905,  §  663;  1892,  Sp. ;  R.  C.  1899,  §  540.) 

.  §  1022.  PRESIDENTIAL  ELECTORS.  The  board  in  examining  and 
making  a  statement  of  the  votes  and  in  determining  and  certifying  the 
persons  chosen  as  electors  of  president  and  vice-president  shall  proceed  in 
the  manner  prescribed  by  law  to  be  pursued  by  them  in  the  canvass  for 
state  officers,  and  the  secretary  of  state  shall  likewise  file  and  record 
such  statement  and  determination.  In  canvassing  the  returns  for  pres- 
idential electors  the  persons  having  the  greatest  number  of  votes  are  to 
be  declared  elected;  and  if  more  than  the  requisite  number  of  persons 
are  found  to  have  the  greatest  and  an  equal  number  of  votes  the  election 
of  one  of  them  shall  be  determined  by  lot,  to  be  drawn  by  the  governor 
in   the  presence  of  the  other  canvassers.     The  secretary   of  state   shall 


ELECTION  LAWS  OF  NORTH   DAKOTA  197 

prepare  three  lists  of  the  names  of  such  electors  elected  at  any  election^ 
procure  thereto  the  signature  of  the  governor,  and  aflBx  the  great  seal 
of  the  state  to  the  same,  and  deUver  such  certificate  thus  signed  and 
sealed  to  said  elector  on  or  before  the  second  Monday  in  January  next 
after  such  election.     (R.  C.  1905,  §  664;  1892,  Sp. ;  R.  C.  1895,  §  541.) 

State  V.  Olson,  30  S.  D.  57,  137  N.  W.  561. 
See  note,  43  L.  R.  A.  (N.  S.)  287. 

§  1023.  FORM  OF  CERTIFICATE.  A  certificate  shall  be  prepared 
by  the  secretary  of  state  for  each  person  elected,  in  substance  as  follows : 

At  an  election  held  on  the day  of A.  B.  was 

elected  to  the  oflfice  of of  said  state  for  the  term 

of years  from  the day  ot in  the- 

year or,  if  to  fill  a  vacancy,  say  for  the  residue  of  the  term  ending 

on  the day  of A.  D.  19 

Given  at  Bismarck  this day  of 

A.  D.  19 Which  certificate  shall  be  signed  by  the.  governor  and 

the  secretary  of  state,  and  the  seal  of  the  state  aflixed,  and  be  attested 
by  at  least  one  of  the  other  canvassers.  (R.  C.  1905,  §  665;  1892,  Sp. ; 
R.  C.  1899,  §  542.) 

§  1024.  CERTIFICATE  OF  ELECTION.  The  secretary  of  state  shall 
issue  certificates  of  election  to  all  members  of  the  legislative  assembly  at 
the  time  that  certificate  of  election  to  state  oflicers  by  him  are  issued. 
(R.  C.  1905,  §  666;  1903,  ch.  119.) 

§  1025.  CONSTITUTIONAL  AMENDMENTS,  ETC.  CERTIFI- 
CATES AS  TO.  For  the  purpose  of  canvassing  and  ascertaining  the  result 
of  the  votes  taken  at  any  election  upon  any  proposed  amendment  to  the 
constitution,  or  proposition  submitted  to  a  vote  of  the  people  by  the  leg- 
islative assembly,  the  state  board  of  canvassers  shall  proceed  to  examine 
such  statements,  and  to  ascertain  and  determine  the  result  and  shall  cer- 
tify under  their  hands  a  statement  of  the  whole  number  of  votes  given 
for  and  the  whole  number  of  votes  given  against  such  amendment  or 
proposition,  and  they  shall  thereupon  determine  whether  such  amendment 
or  proposition  has  been  approved  and  ratified  by  a  majority  of  the  elec- 
tors voting  thereon,  and  shall  make  and  subscribe  on  such  statement  a 
certificate  of  such  determination.  (R.  C.  1905,  §  667;  1892,  Sp. ;  R.  C. 
1899.  §  543.) 

The  State  Board  of  Canvassers  in  determining  and  certifying  to  the  vote  of 
the  people  upon  a  proposed  amendment  to  the  constitution  initiated  by  the  peo- 
ple, exercise  a  iKtlitical  function,  legislative  in  its  character,  and  supreme  court 

has    no   jurisdiction.      State   v.    State    Board   of   Canvassers,    N.    D ,    172 

N.  W.  80. 

§  1026.  RECORD  OF  RESULT.  The  secretary  of  state  shall  record 
ia  his  office  such  certified  statements  and  determination ;  and  if  it  shaU 
appear  that  such  amendment  or  proposition  has  been  approved,  ratifiecE 


198  STATE  OF  NORTH  DAKOTA 


or  adopted  as  aforesaid,  lie  shall  also  make  a  record  thereof,  and  cause  ; 

such  record  to  be  bound  in  the  volume  containing  the  original  enrolled  ] 

laws  passed  at  the  next  succeeding  session  of  the  legislative  assembly;  ; 

and  cause  such  record  to  be  published  with  such  laws.     (R.  O.  1905,  §  668;  | 

1892,  Sp. ;  1899,  §  544.)  I 

§  1027.     WHAT  RETURNS  SHALL  BE  CANVASSED.     The  board  of  | 

state  canvassers,  in  canvassing  to  ascertain  the  result  of  any  election,  shall  i 

canvass  only  the  regular  returns  made  by  the  county  board  of  canvassers,  - 

as  provided  in  this  chapter.      (R.  C.  1905,   §  669;  1892,  Sp. ;  R.  C.  1899,  ■ 
§  545.) 

§  1028.     PROCLAMATION  OF  RESULT  BY  GOVERNOR.     The  gov-  j 

ernor  shall,  within  ten  days  after  the  completion  of  the  canvass  by  the  ; 

state  board  of  canvassers  of  the  votes  cast  for  presidential  electors,  as  j 

certified  by  the  auditors  of  the  respective  counties,  declare  by  proclama-  ; 

tion,  to  be  printed  in  some  newspaper  printed  and  published  at  the  seat  j 

of  government,  the  names  of  the  several  persons  who  have  received  not  I 

less  than   one-fifth  of  all  the  votes   cast,   and  the  number   of  votes   re-  i 

ceived  by  each  person,  and  the  several  persons,  who  have  received  the  ' 

highest  number  of  votes  so  returned,  and  whose  election  shall  not  have  ■ 

been  contested  and  notice  of  such  contest  given  to  the  governor  within  i 

ten  days  after  the  date  of  such  proclamation,  shall  be  deemed  and  taken  ' 

to  be  elected,  and  the  governor  shall  thereupon  transmit  to  e:ich  person  ; 

so  chosen  a  certificate  of  his  election.     (R.  C.  1905,  §  670 ;  1892,  Sp. ;  R.  C.  j 

1899,  §  546.)  i 

§    1029.   INFORMALITY   IN   RETURNS   DISREGARDED.      No   elec-  , 
tion  returns  shall  be  refused  by  any  county  auditor  for  the  reason  that 
the  same  may  be  returned  or  delivered  to  him  in  any   other   than   the 

manner  directed  in  this  chapter,  nor  shall  he  refuse  to  include  any  re-  j 

turns  for   any  informality  in  holding  an  election  or   in   making  returns  i 

thereof;  but  all  returns  shall  be  received  and  the  votes  canvassed  and  a  , 

certificate  given  to  the  person  who  may  by  such  returns  have  the  greatest  : 

number  of  votes.     (R.  C.  1905,  §  671;  R.  C.  1899,  §  547.)  ! 

§   1030.     CANVASSERS,  HOW  TO  PROCEED.     The  county  auditor  ' 

and  other  persons  constituting  the  county  board  of  canvassers  shall,  in  ; 

canvassing  the  election  returns,  disregard  technicalities  and   misspelling,  1 

the  use  of  initial  letters  or  abbreviations  of  the  name  of  the  candidates  '■ 

for  office,  if  it  can  be  ascertained  from  such  vote  for  whom  they  were  , 

intended ;  but  they  shall  not  count  votes  polled  in  any  place  except  at  \ 

established  precincts,  and  a  breach  of  the  provisions  of  this  section  shall  | 

be  deemed  a  misdemeanor  in  office  and  punished  accordingly.     A  majority  ! 

of  the  members  of  such  board  shall  decide  all  matters  of  disagreement,  j 

(R.  C.  1905,  §  672;  R.  C.  1895,  §  548;  Ch.  27,  §  41,  Pol.  C.  1877.)  j 

>>'jA-.  >  i'--  :Meinbers  of  a  canvassing  board  are  presumed  to  know  the  locality  of  the  I 

designated  voting  places,  and  to  take  notice  of  the  geography  of  the  townships  | 


ELECTION   LAWS   OF   NORTH    DAKOTA  199 


in  their  jurisdiction,  and  when  returns  clearly  indicate  that  an  election  was  held 
at  a  point  distant  from  the  designated  place  such  board  is  justified  in  declining 
to  canvass  such  returns,  in  the  absence  of  special  considerations.  The  trial  court 
found,  on  inquiring  into  the  facts,  and  on  the  demurrer  and  motion  above  re- 
ferred to,  in  substance  that  on  a  contest  of  election  there  would  be  no  justifica- 
tion for  changing  the  certificate  issued  by  the  canvassing  board,  and  declined  to 
issue  its  writ  of  mandate.  Held,  that  this  was  not  an  abuse  of  its  discretionary 
power.     State  ex  rel.  Johnson  et  al  v.  Thomas  Ely  et  al,  23  N.  D.  619. 

§  1031.  DEFECTIVE  RETURNS.  DUTY  OF  CANVASSING 
BOARD.  PENALTY.  When  the  returns  of  the  election  precinct  oflScers 
are  made  to  the  county  canvassing  board  as  now  provided  by  law,  in  case 
any  provision  of  the  law  relative  to  the  duties  of  said  election  precinct 
officers  has  not  been  complied  with  by  said  election  precinct  officers,  and 
which  is  capable  of  correction  or  compliance  by  said  board,  the  county 
canvassing  board  is  authorized  and  empowered  to  issue  its  subpoenas  to 
the  officers  of  the  election  precinct  wherein  the  defect  occurs,  requiring 
said  officers  to  appear  forthwith  before  said  county  canvassing  board  and 
correct  any  omission  or  mistake  according  to  the  facts,  and  said  amended 
or  corrected  returns  shall  then  be  acted  on  by  said  county  canvassing 
board,  and  said  county  canvassing  board  shall  issue  its  certificate  of 
election  to  the  party  entitled  thereto,  as  shown  by  the  returns  as  amended 
or  corrected.  In  case  any  officer  of  any  election  precinct  so  subpoenaed 
should  neglect  or  refuse  to  obey  said  subpoena,  the  said  person  so  re- 
fusing shall  be  arrested  by  bench  warrant  issued  out  of  the  office  of  the 
clerk  of  the  district  court,  in  the  county  where  said  proceedings  occur, 
and  brought  before  said  canvassing  board  and  there  make  the  necessary 
correction  according  to  the  facts,  and  a  refusal  of  said  officer  to  make 
the  said  correction  shall  be  deemed  a  contempt  of  the  district  court,  to 
be  punished  as  provided  for  ordinary  contempt  of  court,  upon  the  proper 
showing,  and  the  procedure  shall  be  the  same  as  in  ordinary  cases  of 
contempt  of  court.     (R.  C.  1905,  §  673;  1903,  ch.  91.) 

Canvassing  board  in  county  division  election  must  procure  returns  from  each 
voting  precinct.  State  ex  rel.  Minehan  v.  Thompson,  24  N.  D.  273,  139  N.  W. 
960. 

Unless  applicant  for  mandamus  requiring  county  board  of  canvassers  to  re- 
convene, states  facts  showing  that  if  writ  issue,  new  abstract  will  show  results 
reverse  of  former,  writ  will  not  issue.  State  ex  rel.  Davis  v.  Willis,  19  N.  D. 
222,  124  N.  W.  706. 

§  1032.  RETURNS  INDORSED  BY  SECRETARY  OF  STATE.  A 
memorandum  of  the  date  of  the  reception  of  all  returns  of  votes  at  the 
secretary's  office  shall  be  made  at  such  office  on  the  envelope  containing 
them.     (R.  C.  1905,  §  674;  R.  C.  1899,  §  549;  Ch.  27,  §  49,  Pol.  C.  1877.) 

ARTICLE   18.— RESIGNATIONS  AND  VACANCIES. 

§  1033.  RESIGNATION  AND  VACANCIES.  SPECIAL  ELECTION. 
Any  person  who  shall  receive  a  certificate  of  his  election  as  a  meipber  of 
the  legislative  assembly,  county  auditor,  county  treasurer,  register  of  deeds, 


200  STATE  OF  NORTH  DAKOTA  ; 

sheriff,  state's  attorney,  clerk  of  the  district  court,  county  judge  or  county 

commissioner,  shall  be  at  liberty  to  resign  such  office,  although  he  may  ; 

not  have  entered  upon  the  execution  of  the  duties  thereof  or  taken  the  , 

requisite  oath  of  office,  and  when  any  vacancy  shall  happen  in  the  legis-  ! 

lative  assembly  by  death,  resignation  or  otherwise  it  shall  be  the  duty  of  ; 

the  county  auditor  of  the  county  in  which  such  vacancy  occurs  officially  to  : 

notify  the  governor  thereof;  whereupon  the  governor  shall  issue  a  writ  '• 

of  election  directed   to   the   sheriff   of   such   county   commanding  him   to  | 

notify  the  several  boards  of  election  in  his  county  or  district  to  hold  a  j 

special  election   to  fill  such  vacancy   at  a   time   to  be  appointed   by  the  1 

governor;  provided,  that  if  there  is  no  session  of  the  legislative  assembly  i 

between  the  time  such  vacancy  occurs  and  the  time  of  holding  the  next  ' 

general  election,  it  shall  not  be  necessary  to  order  a  special  election  to  j 

fill  such  vacancy ;  and  when  any  vacancy  occurs  in  the  office  of  a  member  ! 

of  congress  from  this  state,  it  shall  be  the  duty  of  the  governor  to  issue  ; 
his  proclamation  appointing  a  day  to  hold  a  special  election  to  fill  sucn 

vacancy.      (R.   C.   1905,    §   675;   R.   C.   1899,   §  550;   Ch.   27,    §   35,  Pol.  C.  ! 

1877.)  i 

Mandamus  to  compel  calling  of  election.     9  R.  C.  L.  1000.  ^ 

§   1034.     DUTY  OF  GOVERNOR   IN   CASE   OF   CERTAIN  VACAiN-  j 

CIES.    Should  a  vacancy  occur  in  the  office  of  a  member  of  the  legislative  1 

assembly,  while  in  session,  by  death,  resignation,  removal   or  otherwise,  ' 

it  shall  be  the  duty  of  the  governor  immediately  upon  receiving  official  ' 
notice  thereof  to  proceed  in  the  same  manner  as  is  prescribed  for  other 

cases  in  the  preceding  section.     (R.  C.  1905,  §  676;  R.  C.  1899,  §  551;  Ch.  j 

37,  Pol.  C.  1877.)  i 

§    1035.     DIVISION   OF   LEGISLATIVE   DISTRICT    SUBSEQUENT  ■ 
TO  ELECTION.     If  a  vacancy  occurs  in  the  legislative  assembly  for  any 

cause,  and  the  county  or  counties  comprising  the  district  in  which  such  '■ 
vacancy  occurs  shall  have  been  divided  after  the  election  of  the  member 

whose  seat  is  vacant,  and  before  the  election  to  fill  such  vacancy,  such  ; 
election  shall  be  ordered  in  each  county  in  which  any  part  of  the  original 
county  or  district  may  be  situated ;  but  no  person  shall  be  permitted  to  vote 

at  such  election  who  does  not  at  the  time  reside  within  the  limits  of  the  1 

county  or  district  in  which  such  vacancy  occurred.      (R.  C.  1905,   §  077:  \ 

R.  C.  1895,  §  552;  Ch.  27,  §  39.  Pol.  C.  1877.)  \ 

§    1036.      CANVASS    AND    RETURNS    OF    ELECTIONS    TO    FILL 

VACANCIES.    Votes  cast  at  elections  to  fill  vacancies  shall  be  canvassed  ■ 
and  returned  as  provided  in  other  cases,  and   the  county  auditor  shall 

without  delay  forward  to  the  secretary  of  state  the  abstracts  of  the  same,  j 
(R.  C.  1905,  §  678;  R.  C.  1895,  §  553;  Ch.  27,  §  40,  Pol.  C.  1877.) 

ARTICLE  11>.— PRESIDENTIAL  ELECTORS. 

§     1037  .     WHEN     ELECTORS     CONVENE.       VACANCIES,     HOW  ■ 
MLLED.     The  electors  of  president  and  vice-president  shall  convene  at 


ELECTION   LAWS  OF  NORTH   DAKOTA  201 

the  seat  of  government  of  this  state  on  the  second  Monday  in  January 
next  after  their  election  at  the  hour  of  twelve  o'clock  noon  of  that  day, 
and  if  there  shall  be  any  vacancy  in  the  oflSce  of  an  elector,  occasioned 
by  the  death  or  refusal  to  act,  neglect  to  attend  or  other  cause,  the  elec- 
tors present  shall  immediately  proceed  to  fill  such  vacancy  by  ballot,  by 
a  plurality  of  votes,  and  when  all  the  electors  shall  appear,  or  the  vacan- 
cies shall  have  been  filled  as  above  provided  they  shall  proceed  to  perform 
the  duties  required  of  such  electors  by  the  constitution  and  laws  of  the 
United  States.     (R.  C.  1905,  §  679;  1890,  ch.  109,  §  1;  R.  C.  1895,  §  554.) 

§  1038.  PER  DIEM  AND  MILEAGE.  The  electors  of  president  and 
vice-president  of  the  United  States  shall  receive  the  same  per  diem  and 
mileage  as  is  allowed  to  members  of  the  legislative  assembly,  and  there  is 
hereby  appropriated  as  a  standing  and  continuing  appropriation  such  a 
sum  of  money  as  may  be  necessary  to  pay  such  per  diem  and  mileage: 
(R.  C.  1905,  §  680;  1892,  Sp. ;  R.  C.  1899,  §  555.) 

ARTICLE  20.— MISCELLANEOUS  PROVISIONS. 

§  1039.  PENALTY  FOR  DEPOSITING  UNSTAMPED  BALLOT.  No 
inspector  or  judge  of  election  shall  deposit  in  any  ballot  box  any  ballot 
upon  which  the  official  stamp  as  hereinbefore  provided  for  does  not  appear. 
Every  person  violating  the  provisions  of  this  section  is  guilty  of  a  mis- 
demeanor.    (R.  C.  1905,  §  681;  1891,  ch.  66,  §  28;  R.  C.  1899,  §  556.) 

§  1040.  PENALTY  FOR  REJECTING  LEGAL  VOTE.  Any  board 
of  election  or  any  member  of  any  board  of  election  who  wilfully  and 
knowingly  rejects  any  legal  vote  shall  be  subject  to  a  fine  of  fifty  dollars 
to  be  collected  in  a  civil  action  before  any  justice  of  the  -peace  in  the 
name  and  for  the  benefit  of  the  person  aggrieved.  (R.  C.  1905,  f  682; 
R.  C.  1899,  §  557.) 

Duty  of  election  officer  to  accept  sworn  vote.    36  L.  R.  A.  (N.  S.)  968. 

Personal  liability  of  an  election  officer  for  rejecting  ballots.  11  L.  R.  A. 
(N.  S.)  501. 

Right  to  damages  for  being  prevented  from  voting  at  a  public  election.  31 
L.  R.  A.  (N.  S.)  1106. 

§  1041.  PENALTY  FOR  FAILURE  OF  OFFICER  TO  PERFORM 
DUTY.  Any  public  oflicer  upon  whom  any  duty  is  imposed  by  this  chapter 
who  shall  wilfully  do  or  perform  any  act  or  thing  herein  prohibited  or 
who  wilfully  neglects  or  omits  to  perform  any  duty  imposed  upon  him 
by  the  provisions  of  this  chapter  is  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  is  punishable  by  forfeiture  q^  his  oflSce  and  by  im- 
prisonment in  the  county  jail  for  not  less  than  one  month  nor  more  than 
six  months  or  by  a  fine  of  not  less  than  fifty  nor  more  than  five  hundred 
dollars,  or  both.     (R.  C.  1905,  §  683;  1891,  ch.  66,  §  33 ;  R.  C.  1899,  §  558.) 

It  is  to  be  observed  that  "this  chapter"  mentioned  in  the  foregoing  sectioit 
kas  become,  by  reason  of  amendments  and  interpolation  of  new  articles,  ma- 
terially different  from  what  it  was  when  the  section  was  enacted. 


202  STATE  OF  NORTH  DAKOTA 

§  1042.  ELECTIONEERING  PROHIBITED.  SECRET  BALLOT.  J 
No  electioneering  shall  be  done  on  election  day  by  any  oflScer  of  election  j 
nor  by  any  person  within  the  polling  place  or  any  building  in  which  an  ; 
election  is  being  held  or  within  fifty  feet  thereof,  nor  obstruct  the  doors  ' 
or  entrance  thereto  or  prevent  free  ingress  to  or  egress  from  said  building.  | 
And  the  inspector  and  judges  of  election  shall,  if  they  deem  It  necessary,  \ 
appoint  an  election  ofiicer ;  such  election  ofiicer,  or  the  sheriff,  constable,  i 
or  other  peace  officer  is  authorized  and  it  is  his  duty  to  clear  the  passage-  , 
way  and  prevent  such  obstruction  and  to  arrest  any  person  creating  such  ' 
obstruction.  No  person  shall  remove  any  ballot  from  the  polling  place  be-  ; 
fore  the  closing  of  the  polls.  No  person  shall  show  his  ballot,  after  it  is  ! 
marked,  to  any  person  in  such  a  way  as  to  reveal  the  contents  thereof  or  \ 
the  name  of  any  person  for  whom  he  has  marked  his  vote  nor  shall  any  : 
person  solicit  the  elector  to  show  the  same ;  nor  shall  any  person  except  a  ; 
judge  of  election  receive  from  any  elector  a  ballot  prepared  for  voting.  ' 
No  elector  shall  receive  a  ballot  from  any  other  person  than  the  inspector  , 
or  one  of  the  judges  of  election  having  charge  of  the  ballots  nor  shall  any  ; 
person  other  than  such  inspector  or  judges  of  election  deliver  a  ballot  to  | 
such  elector.  No  elector  shall  vote  or  offer  to  vote  any  ballot  except  such  ; 
as  he  has  received  from  the  inspector  or  a  judge  of  election  having  \ 
charge  of  the  ballots.  No  elector  shall  place  any  mark  upon  his  ballot 
by  which  it  may  afterwards  be  identified  as  the  one  voted  by  him.  Any  ' 
elector  who  does  not  vote  a  ballot  delivered  to  him  by  the  judges  of  elec-  ' 
tion  having  charge  of  the  ballots  shall,  before  leaving  the  polling  place,  I 
return  such  ballot  to  such  judges.  Whoever  violates  any  of  the  provisions  ' 
of  this  section  is  guilty  of  a  misdemeanor  and  upon  conviction  thereof  i 
is  punishable  by  a  fine  not  exceeding  one  hundred  dollars  and  shall  be  j 
adjudged  to  pay  the  costs  of  prosecution.  (R.  C.  1905,  §  684;  1891,  ch.  j 
66,  §  34;  R.  C.  1899,  §  559.)  I 

Ballot  having  upon  its  back  distinct  cross  made  by  impression  of  instrument  ; 

furnished  by   election  officers  to  mark  ballots,   which   cross   was  plainly  visible  I 

when  ballot  was  folded,  should  not  be  counted.     Treat  v.   Morris,  25   S.   D.  615,  ' 

127  N.  W.  554.  j 

§  1043.  PENALTY  FOR  VIOLATION  OF  ELECTION  LAWS.  If 
any  inspector,  judge  or  clerk  of  election,  county  auditor  or  other  person 
in  any  manner  concerned  in  conducting  an  election  shall  corruptly  violate 
any  of  the  provisions  of  this  chapter  he  shall  forfeit  and  pny  to  the 
county  a  sum  of  not  less  than  fifty  nor  more  than  five  hundred  dollars  to 
be  recovered  in  a  civil  action  in  the  name  of  the  proper  county.  (R.  C. 
1905,  •§  685;  R.  C.  1895,*§  560;  Ch.  27,  §  42,  Pol.  C.  1877.)  ' 

See  note  to  section  1041.  , 

§  1044.  NO  CIVIL  PROCESS  SERVED  ON  ELECTION  DAY.  Dur-  \ 
ing  the  day  which  any  general  or  special  election  shall  be  held  in  this  '' 
state  or  in  any  district,  county,  city,  village  or  precinct  therein,  no  civil  ] 

process  shall  be  served  on  any  person  entitled  to  vote  at  such  election,  j 

i 


ELECTION   LAWS   OF  NORTH   DAKOTA  203 

(R.  C.  1905,  §  686;  R.  C.  1899,  §  561;  ch.  27,  §  44,  Pol.  C.  1877.) 

§  1045.  COMPENSATION  OF  ELECTION  OFFICERS.  Every  Judge, 
Clerk  or  Inspector,  of  any  state  wide  election,  either  primary,  general 
or  special,  shall  for  services  so  performed  at  such  election  by  such  oflBcer 
receive  as  compensation  therefor  the  sum  of  Six  Dollars  ($6.00),  and 
when  the  number  of  votes  cast  at  such  ejection  shall  exceed  one  hundred 
(100)  the  sum  of  one  dollar  ($1.00)  for  each  additional  one  hundred 
(100)  votes  cast,  or  major  fraction  thereof.  (1921,  ch.  61;  1915,  ch.  148; 
1909,  ch.  93;  R.  C.  1905,  §  687;  R.  C.  1895,  §  562;  ch.  27,  §  38,  Pol.  C. 
1877.) 

Notwithstanding  he  may  use  but  one  ballot,  the  voter  casts  as  many  separate 
votes  or  expresses  his  choice  as  many  times  as  there  are  candidates  or  questions 
for  or  against  which  he  votes.     State  v.   Blaisdell,  18  N.  D.  31,  119  N.   W.  360. 

"Vote  cast"  is  the  individual  expression  of  the  voter  upon  a  particular  propo- 
sition or  office.  It  is  not  the  aggregate  expressions  of  the  individual  voter  upon 
the  various  propositions  or  questions  and  the  various  offices.  State  v.  State 
Board  of  Canvassers,  ....N.  D 172  N.  W.  80. 

ARTICLE  21.— CONTESTING  ELECTIONS. 

§  1046.  NOTICE  OF  CONTEST,  HOW  SERVED.  Any  person  claim- 
ing the  right  to  hold  an  office,  or  any  elector  of  the  proper  county  desiring 
to  contest  the  validity  of  an  election  or  the  right  of  any  person  declared 
duly  elected  to  any  office  in  such  county,  shall  give  notice  thereof  in 
writing  to  the  person  whose  election  he  intends  to  contest  within  twenty 
days  after  the  canvass  of  the  votes  of  such  election,  which  notice  shall 
be  served  in  the  same  manner  as  a  summons  in  a  civil  action.  But  if  the 
person  whose  election  is  contested  cannot  be  found  and  shall  have  ceased 
to  have  residence  in  such  county  or  state,  then  the  notice  shall  be  served 
by  leaving  the  same  at  the  house  where  such  person  last  resided,  and 
if  no  service  as  above  provided  can  be  made,  or  if  no  such  residence 
can  be  found  in  the  state  the  district  court  or  judge  thereof  may  ex- 
pressly direct  the  manner  of  such  service,  which  notice  of  contest  shall 
be  in  writing  and  shall  set  forth  the  facts  and  grounds  upon  which  the 
contestant  relies  in  his  contest,  and  shall  be  verified  as  a  pleading  in  a 
civil  action.     (R.  C.  1905,  §  688;  1885,  ch.  54,  §  1:  R.  C.  1899,  §  563.) 

Title  to  county  office  may  be  tried  under  this  and  following  sections,  or  by 
civil  action  in  nature  of  quo  warranto.  State  v.  Callahan,  4  N.  D.  481,  61  N.  W, 
1025. 

The  term  "canvass"  includes  the  time  until  the  decision  of  a  tie  vote. 
Bowler  v.  Eisenhood,  1  S.  D.  577,  48  N.  W.  136,  12  L.  R.  A.  705. 

Allegation  that  contestant  "was  duly  elected"  sufficiently  states  legal  quali- 
fications  for  office.  Church  v.  Walker,  10  S.  D.  90,  72  N.  W.  101;  McMahon  v. 
Polk,  10  S.  D.  296.  73  N.  W.  77,  47  L.  R,  A.  830;  Church  v.  Walker,  10  S.  D. 
450,  74  N.  W.  198. 

Notice  of  contest;  what  it  must  contain.  Batterton  v.  Fuller,  6  S.  D.  257, 
60  N.  W.  1071. 

Necessity  of  execution  and  filing  of  equivalent  of  certificate  of  election  on 
canvass  of  coimty  division  election.  State  ex  rel.  Minehan  v.  Thompson,  24 
N.  D.  273,  139  N.  W.  960. 


204  STATE  OF  NORTH  DAKOTA 


Election  submitting  question,  "shall  intoxicating  liquor  be  sold  at  retail," 
may  be  contested  by  elector  giving  notice,  etc.  Treat  v.  Morris,  25  S.  D.  615, 
127  N.  W.  554. 

Provides  remedy  for  determination  of  election  contests,  and  certiorari  will 
not  be  granted.     State  ex  rel.  Cormick  v.  Ramsey,  27  S.  D.  302,  130  N.  W.  768. 

Contest  must  be  initiated  by  serving  upon  contestee,  within  ten  days  after 
completion  of  canvass  ballots,  affidavit  of  contest,  setting  forth  grounds  there- 
for.    Olesen  v.  Hoge,  23  N.  D.  648,  137  N.  W.  826. 

District  court  has  jurisdiction  to  hear  and  determine  contest  over  the  elec- 
tion of  mayor.     Nelson  v.  Gass,  27  N.  D.  357,  146  N.   W.  537. 

Lew  V.  Montgomery,  31  N.  D.  1,  148  N.  W.  663,  State  ex  rel.  Pryor  v. 
Axness,  31  S.  D.  133,  139  N.  W.  791. 

Diehl  V.  Totten,  32  N.  D.  131,  155  N.  W.  74. 

Does  not  apply  to  an  election  which  merely  amounts  to  an  expression  of 
preference  of  location  of  county  seat  preliminary  to  final  vote  at  general  elec- 
tion.    CahiU  v.  McDowell,  40  N.  D.  625,  169  N.  W.  499. 

See  State  v.  McDonald,  41  N.  D.  389,  170  N.  W.  873. 

Does  not  apply  to  school  district  election.  Voyen  v.  Eagle  Sch.  Dist.,. 
....N.  D 181  N.  W.  82. 

Election  contest  in  case  of  decision  of  tie  vote.     47  L.  R.  A.  559. 

Right  of  candidate  receiving  next  highest  number  of  votes  in  the  event  that 
the  person  receiving  the  highest  number  is  ineligible.  13  L.  R.  A.  (N.  S.)  1013; 
34  L.  R.  A.  (N.  S.)  240;  12  Am.  Rep.  341. 

Adequacy  of  provision  for  contesting  an  election  other  than  that  for  selection 
of  offices,  upon  the  grounds  and  in  the  manner  prescribed  by  a  statute  which, 
has  reference  only  to  the  election  of  officers.     18  L.  R.  A.   (N.  S.)  566. 

Irregularities  which  will  avoid  election.    90  Am.  St.  Rep.  46. 

Contesting  because  of  illegal  votes,  admissibility  of  evidence  to  show  what 
votes  were  illegal  and  for  whom  they  were  cast,  and  power  to  compel  unquali- 
fied voter  to  disclose  for  whom  he  voted.     84  Am,  Dec.  268. 

Effect  of,  where  ineligible  candidate  receives  a  majority  of  the  votes.  124 
Am.  St.  Rep.  211. 


§  1(M7.  ANSWER  TO  NOTICE  OF  CONTEST.  Any  person,  upon-  ! 
whom  the  notice  mentioned  in  the  preceding  section  is  served,  shall  within  j 
ten  days  ufter  such  service  answer  such  notice,  admitting  or  denying  the  j 
facts  alleged  therein,  and  he  shall  state  any  other  grounds  upon  which  he  ' 
rests  the  validity  of  his  election,  and  shall  serve  a  copy  of  such  answer  : 
upon  the  contestant  and  all  allegations  set  forth  in  the  notice  and  not  | 
denied  in  the  answer  shall  be  taken  as  admitted.  Such  answer  shall  be-  | 
served  as  a  pleading  in  a  civil  action,  and  when  the  contest-.int  appears  ' 
by  attorney,  the  service  thereof  may  be  made  upon  the  attorney.  (R.  C.  ' 
1908,  §  6S0;  18S5,  ch.  54.  §  2 ;  R.  C.  1895,  §  5(>4.) 

§  1048.  CONTEST  MAY  BE  BROUGHT  BY  WHOM.  Such  contest  i 
may  be  brought  by  a  person  claiming  such  office  on  his  owii  motion,  in  \ 
his  own  name  as  plaintiff,  but  such  contest  cannot  be  brought  by  any"  | 
other  person,  unless  the  notice  of  contest  is  indorsed  with  the  approval  i 
of  the  state's  attorney  of  the  county,  or  in  case  of  his  absence  or  refusal  . 
to  approve  it,  with  the  approval  of  the  judge  of  the  district  court.  (R.  C.  ] 
1905,  §  090;  1885,  ch.  54,  §  3;  R.  C.  1895.  §  565.)  | 

i  1049.  TRIAL  OF  CONTEST.  The  judge  of  the  district  court,  in  ' 
cas!e  no  term  of  such   court   occurs   in   such   county  within   twenty   days,.  ' 


ELECTION  LAWS  OF  NORTH  DAKOTA  205 


after  the  service  of  the  answer  in  such  contest,  may  appoint  a  term  of 
such  court  therein;  but  if  a  term  of  court  occurs  in  such  county  before 
that  time,  then  the  contest  shall  be  tried  at  such  term,  unless  othermse 
ordered  by  the  court.  The  district  court  or  the  judge  thereof  may,  upon 
ten  days'  notice  by  either  party,  try  such  contest  at  chambers  at  any 
place  fixed  by  the  court;  or  he  may  on  such  application  or  on  his  own 
motion,  if  the  pleadings  involve  a  question  of  fact,  order  such  issues  to 
be  tried  before  a  jury,  or  refer  the  same  as  provided  in  this  chapter, 
and  postx>one  the  trial  thereof  until  it  can  be  had  in  such  county,  regard 
being  had  to  the  speediest  possible  trial.  If  the  issues  are  ordered  to  be 
tried  by  a  jury  the  question  to  be  tried  must  be  distinctly  stated  in  the 
order  of  trial,  and  the  place  of  such  trial  must  be  designated  in  such 
order.     (R.  C.  1905,  §  691;  1885,  ch.  54,  §  4 ;  R.  C.  1899,  §  566.) 

Trial  not  confined  to  limited  period;  purpose  is  a  speedy  method  of  trial; 
jurisdiction  continues  until  contest  is  tried  or  dismissed.  Howser  v.  Pepper  8 
N.  D.  484,  79  N.  W.  1018;  Eakin  v.  CampbeU,  10  N.  D.  416,  87  N.  W.  991. 

Right  of  judge  who  may  be  affected  by  the  result  to  hear  election  case.  41 
L.  R.  A.  (N.  S.)  788. 

§    1050.      TESTIMONY    AND    PROCEDURE    IN    CONTESTS.      All 

testimony  and  depositions  taken  in  contests  brought  under  the  provisions 
of  this  article  shall  be  taken  in  the  same  manner  as  in  civil  actions,  and 
depositions  may  be  taken  in  more  than  one  place  at  the  same  time  on 
leave  of  the  court,  and  all  matters  relating  to  such  contests  shall  be 
heard  and  tried  as  nearly  as  may  be  as  civil  actions  are  tried,  except  as 
otherwise  provided  in  this  article;  and  the  costs  shall  be  taxed  in  the 
same  manner  as  in  civil  actions,  and  the  court  shall  have  power  to  order 
amendments  to  the  notice  and  answer  and  to  all  other  procedings  as  pro- 
vided in  the  code  of  civil  procedure,  and  he  shall  have  power  to  make 
all  orders  and  enter  final  judgment  in  such  contests  the  same  as  in  civil 
actions.     (R.  C.  1905,  §  692;  1885,  ch.  54,  §  5;  R.  C.  1895,  §  567.) 

§  1051.  CONTESTS  OF  ELECTIONS  FOR  REMOVAL  OF  COUN- 
TY SEAT,  ETC.  In  any  county  where  there  is  a  vote  for  the  election 
or  for  the  removing  or  changing  of  the  coimty  seat  of  such  county,  or 
changing  the  county  lines  thereof,  any  elector  of  such  county  on  leave 
of  the  district  court  may  contest  the  validity  of  such  election  as  to  the 
right  of  the  place  declared  and  selected  as  the  county  seat,  or  as  to  any 
county  line  declared  to  be  established  or  changed  by  a  vote.  Such  elec- 
tor shall  give  notice  in  writing  of  such  contest  to  the  commissioners  or  a 
majority  of  them,  of  the  county  in  which  such  vote  is  taken,  by  serving  a 
notice  as  provided  in  section  1046,  within  thirty  days  after  the  result  of 
such  vote  is  canvassed.  Such  notice  shall  specify  the  grounds  of  such 
contest,  and  shall  be  filed  with  the  clerk  of  the  district  court  within  ten 
days  after  the  service  thereof  upon  the  county  commissioners  as  afore- 
said, and  such  contest  shall  be  tried  and  determined  by  the  district  court 
or  by  a  jury  as  provided  for  in  this  article  for  the  contest  of  county 


206  STATE  OF  NORTH  DAKOTA  ] 

I 
oflacers.  The  county  commissioners  of  such  county  sliall  appear  and  de-  i 
fend  such  contests,  but  in  case  they  fail  to  appear  and  defend  the  same,  \ 
any  elector  of  such  county  may  at  any  time  before  such  trial,  on  leave  i 
of  the  court,  appear  and  defend  the  same,  and  all  testimony  and  depo-  j 
sitions  shall  be  taken  in  the  same  manner  as  in  civil  actions.  (R.  C.  1905,  ; 
§  693;  1885,  ch.  54,  §  6;  R.  C.  1895,  §  568.)  ; 

Validity  of  county  seat  election  tested  only  in  direct  proceeding.    Remington  i 
V.  Higgins,  6  S.  D.  313,  60  N.  W.  73. 

Mandamus  will  lie  to  compel  county  officers  to  hold  their  offices  at  county  I 
seat,   to   determine   whether   county   seat   has  been  legally   changed.     State   v. 

Langlie,  5  N.  D.  594,  67  N.  W,  958.  1 

Elector  can  maintain  action  where  election  for  removal  was  under  an  invalid  ! 

law.    Adams  v.  Smith,  6  D.  94,  50  N.  W.  720.  1 

Fitzmaurice  r.  Willis,  20  N.  D.  372,  127  N.  W.  95.  | 

On   conclusiveness   of   finding   of   canvassing   boards    after    time    for   making  ^ 

contest  expires.     State  ex  rel.  Minehan  v.  Thompson,  24  N.  D.  273,  139  N.  W.  960.  j 

Does  not  apply  to  an  election  which  merely  amounts  to  an  expression  of  pre-  ! 
ference  of  location  of  county  seat,  preliminary  to  final  vote  at  general  election. 

CahUl  V.  McDowell,  40  N.  D.  625,  169  N.  W.  499.  ! 

§  1052.  CONTESTS  MAY  BE  TRIED  BY  REFEREE.  All  contests  i 
brought  under  the  provisions  of  this  article  may  be  referred  by  the  court 
or  judge  thereof  to  a  referee  as  provided  in  the  code  of  civil  procedure^' 
and  when  the  parties  to  such  contest  do  not  consent  to  a  reference  the! 
court  or  a  judge  thereof  may  in  his  discretion  order  such  reference.! 
(R.  C.  1905,  §  694;  1885,  ch.  54,  §  7;  R.  C.  1899,  §  569.)  I 

§  1053.  SURETY  FOR  COSTS  MUST  BE  FURNISHED.  Anyj 
person  bringing  a  contest  under  the  provisions  of  this  article  must  before! 
bringing  the  same  furnish  good  and  sufficient  surety  for  costs  as  pro-' 
vided  in  the  code  of  civil  procedure,  and  the  obligation  of  such  surety; 
shall  be  complete  by  simply  indorsing  the  notice  of  contest  as  surety  fori 

costs.     (R.  C.  1905,  §  695;  1885,  ch.  54,  §  8;  R.  C.  1899,  §  570.)  \ 

■■\ 

Motion  for  additional  security  must  be  granted  and  time  for  giving  same 
lapse,  before  court  can  dismiss  election  contest  because  of  insufficient  security 
for  costs.     Murtha  v.  Howard,  20  S.  D.  152,  105  N.  W.  100. 

§  1054.  APPEALS  IN  CONTEST  CASES.  Appeals  from  final  judg- 
ment or  decisions  in  such  contests  may  be  taken  without  making  a  motion: 
for  a  new  trial  in  the  district  court  in  the  manner  provided  for  in  the  code^ 
of  civil  procedure,  except  that  the  undertaking  on  appeal  shall  be  in  the! 
sum  to  be  fixed  by  the  judge,  not  less  than  five  hundred  dollars,  and  shall^ 
be  approved  by  the  judge  or  by  the  clerk  of  the  district  court  of  the| 
proper  county  or  subdivision  under  the  direction  of  the  judge.  (R.  O.j 
1905,  §  696;  1885,  ch.  54,  §  9 ;  R.  C.  1895,  §  571.)  ' 

Appeal  does  not  lie  from  order  vacating  default  judgment.     Jensen  v.  Petty,  ' 

14  S.  D.  434,  85  N.  W.  923.  i 

i 
§  1055.     APPEALS   TO    THE    SUPREME    COURT.     Appeals    to    the; 

supreme  court  under  the  provisions  of  this  article  must  be  taken  within' 


ELECTION   LAWS   OF  NORTH   DAKOTA  207 


sixty  days  after  notice  of  the  entry  of  final  judgment,  and  the  party  ap- 
pealing must  immediately  procure  the  transmission  of  the  record  pn  such 
appeal  to  the  clerk  of  the  supreme  court,  and  such  appeal  may  be  brought 
on  for  hearing  before  the  supreme  court  at  any  time  such  court  shall  be 
in  session  upon  ten  days'  notice  from  either  party;  and  the  same  shall  be 
heard  and  determined  in  a  summary  manner.  Such  noticei  of  hearing 
may  be  served  during  the  time  or  in  vacation.  (R.  O.  1905.  §  697:  1885. 
ch.  54,  §  10;  R.  C.  1899,  §  572.) 

Appeal  does  not  suspend  right  of  successful  party  to  perform  the  duties  of 
his  office.     Fylpaa  v.  Brown  Co.,  6  S.  D.  634,  62  N.  W.  962. 

Appeal  dismissed  unless  taken  within  sixty  days  from  entry  of  final  judg- 
ment.    Murray  v.  Whitmore,  9  S.  D.  288,  68  N.  W.  745. 

§  1056.  CONSTRUCTION  OF  THIS  ARTICLE.  This  article  shall 
not  be  construed  to  affect  any  of  the  remedies  or  rights  of  action  or  pro- 
ceedings provided  for  in  the  code  of  civil  procedure.  (R.  C.  1905,  §  698; 
1885,  ch.  54,  §  11:  R.  C.  1899,  §  573.) 

The  foregoing  sections  do  not  prevent  testing  the  result  of  an  election  by 
mandamus.  Smith  y.  Lawrence,  2  S.  D.  185,  49  N.  W.  7;  State  v.  Langlie,  5 
N.  D.  594,  67  N.  W.  958;  State  v.  CaUahan,  4  N.  D.  481,  61  N.  W.  1025. 

May  be  tried  by  either  statutory  or  civil  action.  State  ex  rel.  Butler  v. 
Callahan,  4  N.  D.  481,  61  N.  W.  1025. 

Provision  for  testing  election  of  city  officer  before  city  council  or  other 
municipal  body  as  exclusive  of  mandamus.     26  L.  R,  A.   (N.  S.)  211. 

Right  to  try  question,  who  is  de  facto  officer  in  mandamus  proceeding.  13 
L.  R.  A.  (N.  S.)  661. 

Mandamus  to  compel  acceptance  of  office.     24  L.  R.  A.  493. 

Mandamus  to  restore  to  office  one  who  has  been  illegally  removed.  19  L.  R. 
A.  (N.  S.)  49. 

Necessity  of  a  demand  and  refusal  as  condition  or  right  to  mandamus  to 
compel  surrender  of  office.     31  L.  R.  A.  348. 

§  1057.  PROVISIONS  OF  CODE  OF  CIVIL  PROCEDURE  AP- 
PLICABLE, WHEN.  Except  as  otherwise  provided  in  this  article,  the 
provisions  of  the  code  of  civil  procedure  are  applicable  to  and  constitute 
the  rules  of  practice  in  the  proceedings  mentioned  in  this  article.  (R.  C. 
1905,  §  699:  1885,  ch.  54,  §  12 ;  R.  C.  1899,  §  574.) 

§  1058.  PROVISIONS  OF  CODE  OF  CIVIL  PROCEDURE  AP- 
PLICABLE AS  TO  APPEALS.  The  provisions  of  the  code  of  civil  pro- 
cedure relative  to  appeals  in  civil  actions,  except  in'  so  far  as  they  are  in- 
consistent herewith,  apply  to  the  proceedings  mentioned  in  this  article. 
(R.  C.  1905,  §  700;  1885,  ch.  54,  §  13 ;  R.  C.  1895,  §  575.) 

ARTICLE  22.— CONTEST  OF  ELECTION  OF  PRESIDENTIAL  ELEC- 
TORS. 

§  1059.  COURT  FOR  TRIAL.  CONTESTS  OF  PRESIDENTIAL 
ELECTORS.  The  board  for  the  trial  of  contests  of  elections  for  presi- 
dential electors  shall  consist  of  the  chief  justice  of  the  supreme  court. 


.208  STATE  OF  NORTH  DAKOTA 

who  shall  be  president  of  the  board,  and  two  judges  of  the  district  court, 
to  be  designated  by  the  governor.  If  the  chief  justice  shall  for  any  cause 
be  unable  to  attend  at  such  trial,  the  next  senior  judge  on  the  supreme 
bench  shall  preside  in  place  of  the  chief  justice.  The  secretary  of  state 
shall  be  the  clerk  of  the  board,  or  in  his  absence  or  inability  to  act  the 
clerk  of  the  supreme  court  shall  be  the  clerk.  Each  member  of  the  court 
before  entering  upon  the  discharge  of  his  duties  shall  take  an  oath  before 
the  secretary  of  state  or  some  oflicer  qualified  to  administer  oaths,  that 
without  fear,  favor,  affection  or  hope  of  reward  he  will,  to  the  best  of  his 
knowledge  and  ability,  administer  justice  according  to  law  and  the  facts 
of  the  case.     (R.  C.  1905,  §  701;  1892,  Sp. ;  R.  C.  1895,  §  57G.) 

§  1060.  CONTESTANT  MAY  APPLY  TO  COURT.  Any  person  who 
by  the  proclamation  of  the  governor  as  hereinbefore  provided,  appears  to 
have  received  not  less  than  one-fifth  of  the  votes  cast  at  an  election  for 
electors  of  president  and  vice-president  of  the  United  States  may  apply 
to  the  board  provided  for  in  the  preceding  section  for  a  declaration  of  his 
election  as  elector.     (R.  C.  1905,  §  702;  1892,  Sp. ;  R.  C.  1895,  §  577.) 

§  1061.  APPLICATION  TO  STATE  GROUNDS  OF  CONTEST.' 
Such  application  shall  be  made  by  petition  in  writing  to  be  filed  in  the  oflice 
of  the  secretary  of  state  within  ten  days  from  the  date  of  the  proclama- 
tion provided  for  in  section  1028,  who  shall  forthwith  convene  the  board. 
The  petition  shall  set  forth  the  names  of  the  persons  whose  election  is  con- 
tested, and  the  ground  for  such  contest.  The  petitioner  shall  before  any 
proceedings  are  had  upon  the  petition,  except  the  convening  of  the  board, 
file  a  bond  to  the  state  in  such  sum  and  with  such  surety  as  the  court 
shall  order,  conditioned  for  the  payment  of  all  costs  incurred  in  the 
prosecution  of  such  contest  in  case  he  shall  not  prevail.  (R.  C.  1905, 
§  703;  1892,  Sp. ;  R.  C.  1895,  §  578.) 

§  1062.  NOTICE  TO  PARTY  CONTESTED,  HOW  GIVEN.  Upon  the 
filing  of  such  petition  and  the  giving  of  such  bond  the  board  shall  order 
liotice  of  the  petition  to  be  given,  in  such  manner  as  it  may  direct,  to  the 
governor  and  to  the  person  whose  election  is  contested,  which  notice  shall 
be  published  in  such  newspaper  as  the  board  shall  order.  Such  notice  shall 
contain  a  concise  statement  of  the  facts  alleged  in  the  petition  and  sliall 
designate  the  time  and  place  fixed  by  the  board  for  the  hearing  of  the 
same,  which  time  shall  not  be  less  than  three  nor  more  than  fifteen  days 
from  the  filing  of  the  petition.  ("R.  C.  1905,  §  704 ;  1892,  Sp. ;  R.  C.  1895, 
§  579.) 

§  1063.  APPEARANCE  BY  PARTIES  TO  CONTEST.  At  the  time 
fixed  for  the  hearing  the  petitioner  shall  appear  and  produce  his  evidence 

and  the  person  whose  election  is  contested  may  appear  and  produce  evi- 
dence in  his  behalf.  Either  party  may  appear  in  person  or  by  attorney, 
And  no  other  person  shall  be  entitled  to  be  made  a  party  to  such  proceedings 
or  to  be  heard  personally  or  by  counsel  therein ;  provided,  that  if  more 


ELECTION   LAWS  OF  NORTH  DAKOTA  209 

than  one  petition  is  pending,  or  more  than  one  election  is  contested  the 
Ijoard  may  order  the  contests  to  be  heard  together  in  its  discretion.  (B.  O. 
1905,  §  705;  1892,  Sp. ;  R.  C.  1895,  §  580.) 

§  1064.  HEARING,  HOW  CONDUCTED.  The  board  shall  there- 
upon hear  the  contest  and  decide  all  questions  of  law  and  fact  involved. 
The  burden  of  proof  in  each  case  shall  be  upon  the  petitioner  and  the 
Ilea  ring  shall  be  confined  to  the  grounds  stated  in  the  petition,  but  the 
board  may  in  its  discretion  allow  the  petition  to  be  amended.  No  ex  parte 
affidavits  shall  be  competent  evidence  at  such  hearing.  No  person  shall 
be  excused  from  testifying  or  from  producing  papers  or  documents  at  such 
hearing  on  the  ground  that  such  testimony  will  tend  to  criminate  himself ; 
but  no  person  so  testifying  shall  be  liable  to  any  suit  or  prosecution,  civil 
or  criminal,  for  any  matters  or  causes  in  respect  to  which  he  shall  be  so 
examined  or  to  which  his  testimony  shall  so  relate.  The  board  shall  have 
the  same  power  to  compel  the  attendance  of  witnesses  as  the  district 
courts  of  this  state  possess,  and  nothing  in  this  article  contained  shall  be 
held  to  limit  the  power  of  the  board  to  make  such  regulations  as  to  the 
conduct  of  the  proceedings  as  it  may  deem  proper,  not  inconsistent  with 
the  provisions  of  this  article,  and  the  board  shall  have  all  powers  neces- 
sary to  the  complete  carrying  out  and  performance  of  the  authority  con- 
ferred upon  it  by  this  article.  (R.  C.  1905,  §  706;  1892,  Sp. ;  R.  C.  1895, 
i  581.) 

§  1065.  DETERMINATION  OF  BOARD,  HOW  CERTIFIED.  The 
board  shall  determine  in  each  case  which  of  the  parties  to  the  proceedings 
is  entitled  to  the  office  of  elector,  and  shall  cause  such  determination  to  be 
entered  of  record  in  such  manner  and  form  as  it  shall  direct,  and  shall 
forthwith  certify  the  same  to  the  governor  and  secretary  of  state,  and 
such  determination  so  certified  shall  be  final  and  conclusive  that  the  i)er- 
son  therein  stated  to  have  been  elected  is  duly  elected,  and  the  governor 
shall  forthwith  transmit  to  such  person  a  certificate  of  his  election,  and 
every  such  certificate  shall  recite  that  it  is  issued  pursuant  to  a  determina- 
tion under  this  article,  referring  to  this  article.  The  court  shall  so  ar- 
range and  conduct  the  trial  of  such  contest  that  a  final  determination 
thereof  shall  be  rendered  at  least  six  days  prior  to  the  second  Monday  in 
January  next  following.     (R.  C.  1905,  §  707;  1892.  Sp. ;  R.  C.  1895,  §  582.) 

§  1066.  FAILURE  OF  PETITIONER  TO  APPEAR,  EFFECT  OF. 
If  any  petitioner  shall  fail  to  appear  and  prosecute  his  petition  against 
any  person  who  has  been  made  a  respondent  thereto,  according  to  the 
requirements  of  this  article  and  of  such  rules  as  the  board  shall  make,  the 
board  shall  determine  that  he  has  so  failed,  and  shall  cause  such  de- 
termination to  be  entered  of  record  in  such  manner  and  form  as  it  shall 
direct,  and  shall  forthwith  certify  such  determination  to  the  governor 
and  secretary  of  state ;  and  the  same  shall  be  a  final  and  conclusive  bar  to 
the  claim  of  the  petitioner  against  such  respondent  as  fully  and  complete- 
ly as  if  such  claim  had  been  heard  and  determined  on  its  merits,  and  the 


210  STATE  OF  NORTH  DAKOTA  i 

! 

governor  shall  issue  such  certificate  as  provided  in  the  preceding  section.  ( 
(R.  C.  1905,  §  708;  1892,  Sp. ;  R.  C.  1895,  §  583.)  | 

§  1067.     COSTS,  TAXATION  OF.    The  costs  of  all  proceedings  under  \ 
this  article  shall  be  taxed  under  the  direction  of  the  board,  and  if  two  or  '• 
more  cases  are  heard  together  the  costs  shall  be  apportioned  as  the  board 
shall  direct,  and  in  each  case  in  which  the  petitioner  shall  not  finally  pre- 
vail the  costs  shall  be  paid  by  him,  and  in  each  case  in  which  the  peti- 
tioner shall  finally  prevail  the  costs  shall  be  borne  by  the  state,  in  which 
case  the  board  shall  certify  the  costs  to  the  state  auditor,  who  shall  issue  j 
his  warrant  upon  the  state  treasurer  in  payment  of  the  same.     (R.  C.  1905,  ] 
§  709;  1892,  Sp. ;  R.  C.  1895,  §  584.)  ^ 

§  1068.     FINAL  HEARING,   HOW   DETERMINED.     The   final   hear-  ! 

ing  and  determination  under  this  article  shall  be  bv  a  majoritv  of  the  ! 

i 
board,  but  any  single  member  may  exercise  any  other  of  the  powers  given  ; 

to  the  board  by  this  article.     (R.  C.  1905,  §  710:   1892,  Sp. :   R.  C.  1899,  i 

§  585.)  I 

§  1069.     MILEAGE     AND  PER  DIEM  OF  MEMBERS   OF  BOARD.   ; 

The  members  shall  be  entitled  to  receive  for  their  travel  and  attendance 
the  sum  of  six  dollars  per  day  and  ten  cents  per  mile  for  each  mile  neces-  ■ 
sarily  traveled,  to  be  paid  from  the  state  treasury  upon  the  warrant  of  ' 
the  state  auditor.     (R.  C.  1905.  §  711:  1892,  Sp. :  R.  0.  1899,  §  586.)  ! 

ARTICLE  23.— CONTEST   OF   LEGISLATIVE    ELECTIONS.  | 

i 
§  1070.     NOTICE    OF    CONTEST    IN    LEGISLATIVE    ELECTIONS.   ' 

When  any  person  intends  to  contest  the  election  of  a  member  of  the  legis- 
lative assembly,  he  may,  within  ten  days  after  the  result  of  such  election 
shall  have  been  determined  by  the  board  of  canvassers,  give  notice  in  ; 
waiting  to  the  member  whose  seat  he  desires  to  contest  of  his  intention  to  I 
contest  the  same,  and  in  such  notice  shall  specify  particularly  the  grounds  j 
upon  which  he  relies  in  the  contest.  (R.  C.  1905,  §  712;  R.  C.  1895,  ! 
§  587;  ch.  47,  §  1,  Pol.  C.  1877.)  ' 

§  1071.     ANSWER    TO    NOTICE.     Any    member    elect,    upon    whom   i 
the  notice  mentioned  in  the  preceding  section  may  be  served,  shall  within   , 
ten  days  after  the  service  thereof  answer  such  notice  admitting  or  denying  : 
the  facts  alleged  therein  and  stating  specifically  any  other  grounds  upon 
which  he  rests  the  validity  of  his  election  and  shall  serve  a  copy  of  his 
answer  upon  the  contestant  or  his  attorney.     All  allegations  contained  in 
the   notice  and   not   denied    in    the   answer   shall   be    taken    as    admitted. 
(R.  C.  1905,  §  713:  R.  C.  1895,  §  588;  ch.  47,  §  2,  Pol.  C.  1877.) 

§  1072.  TESTIMONY  TAKEN,  WHEN.  In  all  such  contests  the  con- 
testant may  begin  taking  testimony  as  soon  as  the  notice  of  contest  is 
served  and  the  person  whose  election  is  contested  may  commence  taking 
testimony  as  soon  as  his  answer  is  served,  and  both  narties  mav  continue 


ELECTION   LAWS  OF  NORTH   DAKOTA  211 

to  take  testimony  for  ten  days  after  the  time  for  serving  and  answer  has 
expired,  after  which  time  the  contestants  may  take  testimony  in  rebuttal 
only  for  five  days.  (R.  C.  1905,  §  714;  R.  C.  1895,  §  589:  ch.  47,  §  4, 
Pol.  C.  1877.) 

§  1073.  NOTICE  TO  TAKE  DEPOSITIONS  SAME  AS  IN  CODE  OF 
CIVIL  PROCEDURE.  Depositions  taken  under  the  provisions  of  this  ar- 
ticle may  be  taken  in  the  manner  and  upon  the  notice  prescribed  in  the 
code  of  civil  procedure  for  taking  depositions  in  civil  actions.  (R.  C.  1905, 
§  715;  R.  C.  1895,  §  590;  ch.  47,  §  5.  Pol.  C.  1877.) 

§  1074.  TESTIMONY  TAKEN  AT  ONLY  TWO  PLACES  AT  A 
TIME.  Testimonj'  taken  under  the  provisions  of  this  chapter  shall  not  be 
taken  at  more  than  two  places  at  the  same  time  by  either  party,  except  by 
order  of  the  court  or  the  judge  thereof.  (R.  C.  1905,  §  716;  R.  C.  1895, 
§  591:  ch.  47.  §  6,  Pol.  C.  1877.) 

§  1075.  SUBPOENA  TO  COMPEL  ATTENDANCE  OF  WITNESSES. 
When  either  party  to  such  contest  desires  to  take  testimony  therein,  he 
may  apply  to  any  notary  public  or  justice  of  the  peace  in  the  county  where 
the  testimony  is  to  be  taken  for  a  subpoena  to  compel  the  attendance  of 
witnesses,  and  the  officer  to  whom  such  application  is  made  shall  there- 
upon issue  his  subpoena  directed  to  such  witnesses  as  shall  be  named  to 
him.  requiring  their  attendance  before  him  at  such  time  and  place  as  may 
be  named  in  the  subpoena  to  give  testimony  relating  to  such  contests. 
(R.  C.  1905.  §  717;  R.  C.  1899,  §  592:  ch.  47.  §  §  7  and  8,  Pol.  C.  1877.) 

§  1076.  DEPOSITIONS  TAKEN  WITHOUT  NOTICE  ON  STIPULA- 
TION. It  shall  be  competent  for  the  parties  to  such  contest  by  consent  in 
writing  to  take  depositions  without  notice.  Such  written  consent  shall 
be  returned  with  the  depositions.  (R.  C.  1905,  §  718;  R.  C.  1895,  §  593; 
ch.  47,  §  9;  Pol.  C.  1877.) 

§  1077.  SUBPOENA  SERVED,  HOW.  Witnesses  may  be  sub- 
poenaed in  the  manner  provided  in  the  code  of  civil  procedure.  (R.  C. 
1905,  §  719;  R.  C.  1895,  §  594;  ch.  47,  §  10.  Pol.  C.  1877.) 

§  1078.  ATTENDANCE  COMPELLED  ONLY  IN  COUNTY.  No 
witness  shall  be  required  to  attend  an  examination  out  of  the  county  in 
which  he  resides  or  is  served  with  a  subpoena.  (R.  C.  1905,  §  720;  R.  C. 
1899,  §  595;  ch.  47,  §  11.  Pol.  C.  1877.) 

§  1079.     FAILURE  TO  ATTEND  AND  TESTIFY.     PENALTY.     Any 
person  who.  having  been  summoned  in  the  manner  above  prescribed,  re- 
fuses or  neglects  to  attend  and  testify  in  obedience  to  such  subpoena,  unless 
prevented  by  sickness  or  unavoidable  necessity,  shall  forfeit  the  sum  of 
twenty  dollars  to  be  recovered  with  costs  of  suit  in  a  civil  action  in  the 
name  and  for  the  use  of  the  party  at  whose  instance  the  subpoena  was 


212  STATE  OF  NORTH  DAKOTA 

^ -.^_^___^_  t 

! 

issued,  and  such  person  is  also  guilty  of  a  misdemeanor.      (R.   C.  1905,   j 
§  721;  R.  C.  1895,  §  596;  ch.  47,  §  12,  Pol.  C.  1877.)  ; 

§  1080.  DEPOSITIONS  OF  NONRESIDENT  WITNESSES  MAY  '] 
BE  TAKEN.  Depositions  of  witnesses  residing  outside  of  the  district  and  \ 
beyond  the  reach  of  a  subpoena  may  be  taken  before  any  officer  authorized  \ 
to  take  testimony  in  a  civil  action.     (R.  C.  1905,  §  722;  R.  C.  1899,  §  597;   . 

ch.  47,  §  13,  Pol.  C.  1877.)  ■ 

«  I 

§  1081.     EXAMINATION   OF  WITNESSES.     All  witnesses,   who   at-  j 

tend  in  obedience  to  a  subpoena  or  who  attend  voluntarily  at  the  time  and  j 

place  appointed,  of  whose  examination  notice  has  been  given  as  provided  i 

in  this  article,  shall  then  and  there  be  examined  on  oath  by  the  officer  who  ] 

issued  the  subpoena,  or  in  case  of  his  absence,  by  any  other  officer  au-  | 

thorized  to  issue  such  subpoena,  or  by  the  officer  before  whom  the  deposi-  j 

tions  are  to  be  taken  by  written  consent,  as  the  case  may  be,  touching  all  j 

such  matters  respecting  the  election  being  contested  as  shall  be  proposed  j 

by  either  of  the  parties  or  attorneys.     (   R.  C.  1905,   §  723;  R.  C.  1899,  j 
§  598;  Ch.  47,  §  14,  Pol.  0.  1877.) 

§  1082.  TESTIMONY  MUST  BH  CONFINED  TO  ISSUE.  The  tes- 
timony to  be  taken  by  either  party  to  such  contest  shall  be  confined  to  the 
issues  raised  by  the  notice  of  contest  and  answer  thereto.  (R.  C.  1905, 
§  724;  R.  C.  1895,  §  599;  ch.  47,  §  15,  Pol.  C.  1877.) 

§  1083.  TESTIMONY  MUST  BE  REDUCED  TO  ^VRITING.  The 
officer  shall  cause  the  testimony  of  the  witnesses  to  be  reduced  to  writing 
in  his  presence  and  in  the  presence  of  the  parties  or  their  attorneys,  if  in 
attendance,  and  each  witness  shall  sign  his  name  at  the  end  of  his  testi- 
mony.    (R.  C.  1905,  §  725;  R.  C.  1895,  §  600;  ch.  47,  §  16,  Pol.  C.  1877.) 

§  1084.  PRODUCTION  OF  PAPERS  MAY  BE  REQUIRED.  The  of- 
ficer before  whom  any  deposition  is  taken  shall  have  power  to  require  the 
production  of  papers,  and,  on  the  refusal  or  neglect  of  any  person  to  pro- 
duce and  deliver  up  any  papers  in  his  possession  pertaining  to  such  elec- 
tion, or  to  produce  certified  or  sworn  copies  of  the  same  in  case  they  are 
official  papers,  such  person  shall  be  liable  to  all  the  penalties  prescribed  in 
section  1079.  All  papers  thus  produced  and  all  certified  or  sworn  copies  of 
official  papers  shall  be  transmitted  by  the  officer,  with  the  testimony  of  the 
witnesses,  to  the  secretary  of  state  for  the  use  of  the  legislative  assembly. 
(R.  C.  1905,  §  726;  R.  C.  1899,  §  601;  ch.  47,  §  17,  Pol.  C.  1877.) 

§  1085.  ADJOURNMENTS.  The  taking  of  the  testimony  may,  if  so 
stated  in  the  notice,  be  adjourned  from  day  to  day.  (R.  C.  1905,  §  727; 
R.  C.  1899,  §  602;  ch.  47,  §  18,  Pol.  C.  1877.) 

§  1086.  PAPERS  TO  BE  ATTACHED  TO  DEPOSITION.  The  notice 
to  take  depositions  with  the  proof  or  admission  of  service  thereof  and  a 
copy  of  the  subpoena,  where  any  has  been  served,  shall  be  attached  to  the 


ELECTION  LAWS  OF  NORTH  DAKOTA  213 

deposition  when  completed  together  with  a  copy  of  the  notice  of  contest 
and  answer,  which  shall  be  annexed  to  the  deposition  taken  and  transmit- 
ted with  them  to  the  secretary  of  state.  (R.  C.  1905,  §  728;  B.  C.  1899, 
§  603;  ch.  47,  §  19,  Pol.  C.  1877.) 

§  1087.  TESTIMONY  TO  BE  FOBWABDED  TO  THE  SECBETABY 
OF  STATE.  All  oflBcers  taking  testimony  to  be  used  in  a  contested  elec- 
tion case  shall,  when  the  taking  of  the  same  is  completed,  immediately  cer- 
tify to  the  same  as  required  by  law  in  other  cases,  and  inclose  the  same  in 
a  sealed  envelope  and  after  indorsing  on  such  envelope  the  title  of  the 
contest  forward  the  same  by  mail  to  the  secretary  of  state;  and  the 
secretary  of  state  is  authorized  to  open  the  same  at  the  instance  of  either 
party  or  his  attorney.  (  B.  C.  1905,  §  729 ;  B.  C.  1895.  §  604 ;  ch.  47,  §  20, 
Pol.  C.  1877.) 

§  1088.  FEES  OF  OFFICEBS  AND  WITNESSES.  Each  witness 
attending  in  obedience  to  a  subpoena  as  herein  provided,  and  all  oflScers 
employed  in  taking  testimony  in  such  contested  election  cases  or  serving 
any  subpoena  or  notice  herein  authorized  shall  be  entitled  to  receive,  from 
the  party  at  whose  instance  the  service  or  attendance  shall  have  been 
performed,  such  fees  as  are  allowed  for  similar  services  in  civil  actions 
in  courts  of  record  in  this  state.  (B.  C.  1905,  §  730 ;  B.  C.  1895,  §  605; 
ch.  47,  §  21.  Pol.  C.  1877.) 

§  1089.  NO  LEGISLATIVE  EXPENSE.  No  payment  shall  be  made 
by  the  legislative  assembly  out  of  its  contingent  fund  or  otherwise  to 
either  party  to  such  contest  for  exi)enses  incurred  in  prosecuting  or  de- 
fending the  same.  (  B.  C.  1905,  §  731;  B.  C.  1899,  §  606;  ch.  47,  §  22; 
Pol.  C.  1877. ) 

ABTICLE  24.— BEGISTBATION  OF  VOTEBS. 

§  1090.  BEGISTBATION  OF  VOTEBS.  WHEN  BOABD  SHALL 
MEET.  The  persons  authorized  by  law  or  appointed  pursuant  to  any 
village  or  city  ordinance  to  act  as  judge  of  election  in  any  village,  city, 
ward  or  other  election  precinct  in  this  state  shaU,  together  with  the  in- 
spector of  election  for  such  precinct,  constitute  a  board  of  registry  for  their 
respective  precincts,  and  they  shall  meet  on  Tuesday,  two  weeks  preceding 
any  general  election,  or  annual  city  election,  at  nine  o'clock  a.  m.  and  make 
a  list,  as  hereinafter  prescribed,  of  all  persons  qualified  to  vote  at  the 
ensuing  election  in  such  election  precinct,  which  list  when  completed  shall 
constitute  and  be  known  as  the  register  of  electors  of  such  precinct. 
(B.  C.  1905.  §  732  ;  1881,  ch.  122,  §  1 ;  1899,  ch.  133,  B.  C.  1899,  §  607.) 

Requirements  as  to,  are  not  mere  regulations  but  qualifications  that  the 
elector  must  have  before  voting.  Farren  v.  Commissioners,  5  D.  36,  yj  N.  W.  756. 

The  term  "general  election"  is  used  to  identify  and  designate  the  whole 
election  held  on  the  Tuesday  after  the  first  Monday  in  November  in  even 
numbered  years,  and  registration  requirement  applies  to  all  electors  desiring 
to  vote  on  that   day   either   for   the   election   of  state  officers   or   on   any   other 


214  STATE  OF  NORTH  DAKOTA 

question  submitted  at  the  same  time.  Fitzmaurice  v.  Willis,  20  N.  D.  380, 
127  N.  W.  95. 

No  registration  contemplated  except  of  electors  and  women  are  not  re- 
quired to  register  or  furnish  affidavit,  to  entitle  them  to  vote  for  school  of- 
ficers.    Wagar  v.   Prindeville,   21   N.    D.   245,   130  N.   W.   224. 

See  Kerlin  v.   Devils  Lake,  25  N.   D.   248,  141  N.   W.  756. 

Validity  of  statutory  regulation  of  registration.    25  L.  R.  A.  484. 

Constitutionality  of   registration  laws.    23   Am.    Dec.   642;    54  Am.    Rep.   843. 

§  1091.     REGISTERS,    WHAT   TO    CONTAIN.     Such   registers   shaU 
each  contain  a  list  of  the  qualified  electors  of  such  precinct,  alphabetically 
arranged  according  to   their  respective  surnames,  so  as  to  show  in  one 
column  the  name  at  full  length,  and  in  another  column  the  residence  by 
the  number  of  the  dwelling,  if  there  is  a  number,  and  the  name  of  the 
street  or  other  location  of  the  dwelling  place  of  each  elector.     It  shall  be 
the  duty  of  such  board  to  enter  in  such  lists  the  names  of  all  persons  resid- 
ing in  its  election  precinct  whose  names  appear  on  the  poll  list  made  in 
such  precinct  at  the  last  preceding  election,  the  number  of  the  dwelling 
and  name  of  the  street  or  other  location  if  same  is  known  to  or  can  be 
ascertained  by  such  board,  and  for  this  puri)ose  the  board  is  authorized  to 
take  from  the  office  in  which  it  is  filed  the  poll  list  made  and  filed  by  the 
judges  or  inspector  of  such  precincts  at  the  election  held  next  prior  to  the 
making  of  such  register.     In  making  such  register  the  board  shall  enter 
therein  in  addition  to  the  names  on  the  poll  list,  the  names  of  all  other 
persons  who  are  known  to  them  to  be  qualified  electors  in  such  precinct, 
or  shall  be  proved  to  be  qualified  electors  by  the  oath  of  the  person  apply- 
ing to  be  registered,  or  by  the  oath  of  some  elector  whose  name  has  been 
already  placed  upon  the  poll  list ;  and  the  names  of  all  persons  on  the  poll 
list  who  have  died  or  removed  from  the  precinct  shall  be  omitted  from  the 
register.     It  shall  also  be  the  duty  of  said  board  to  enter  in  such  register, 
alphabetically  in  separate  columns  as  provided  herein,  the  names  of  all     ! 
women  entitled  to  vote  for  candidates  for  school  offices  and  on  questions  -h 
pertaining  solely   to   school  matters   in   all   cities   of  three   thousand   in-     ' 
habitants  or  over.     Such  board  shall  complete  as  far  as  practicable  such     [ 
register  on  the  day  of  their  meeting  aforesaid,  and  shall  m*ake  two  copies     > 
thereof  and  certify  the  register  and  each  of  the  copies  to  be  a  true  list  of     I 
the  voters  in  its  precinct  so  far  as  the  same  are  known,  within  ten  days     I 
thereafter;  such  original  list,  together  with  the  list  taken  from  the  office     i 
aforesaid,  shall  be  filed  with  the  board  and  shall  be  kept  by  one  of  the     : 
judges  or  by  the  inspector  and  carefully  preserved  for  its  use  on  the  day     j 
hereinafter  mentioned  for  the  revision  and  correction  of  the  same.     One     I 
copy  of  such  list  shall  immediately  after  its  completion  be  posted  in  some    | 
public  and  conspicuous  place  at  or  near  the  place  where  the  last  preceding     \ 
election  in  such  precinct  was  held,  and  be  accessible  to  any  elector  who 
may  desire  to  examine  the  same  or  make  copies  thereof.     Any  person  who     ■ 
shall  tear  down,  deface  or  destroy  any  list  so  posted,  is  guilty  of  a  mis-     ; 
demeanor  and  shall  be  punished  by  a  fine  not  exceeding  five  hundred  dollars     - 
or  by  imprisonment  in  the  jail  not  exceeding  five  years,  or  by  such  fine  and     j 

1 


ELECTION   LAWS  OF  NORTH   DAKOTA  215 

imprisoiimeut.      (11)11,  ch.  127:  R.  C.  1905,  §  733;  1881,  cli.  122,  §  2 ;  R.  C. 
1895.  §  608.) 

Effect  of  loss  or  destruction  of  registry  lists.    28  L.  R.  A.   (N.  S.)  989. 

Is  "general  election  law  in  relation  to  registration  of  electors  on  election 
days"  referred  to  in  chapter  213,  Laws  of  1911.  State  ex  rel.  Miller  v.  Flaher- 
ty, 23  N.  D.  313,  41  L.  R.  A.  (N.  S.)  132,  136  N.  W.  76. 

§  1092.  REGISTRY  LIST  IN  NEW  PRECINCT.  In  case  any  elec- 
tion precinct  shall  be  formed  by  the  organization  of  a  new  precinct  or  by 
division  of  any  village,  ward  or  precinct,  or  the  incorporation  of  a  city  or 
village,  the  judges  or  the  inspector  of  elections  in  the  new  precinct  thus 
formed,  may  make  a  registry  of  electors  on  the  day  prescribed  by  this  ar- 
ticle in  such  manner  as  a  majority  of  them  may  direct,  and  for  this  pur- 
pose they  may  make  a  list  or  cause  to  be  made  a  certified  copy  of  the  poll 
list  or  lists  of  the  precinct  or  precincts  in  which  such  new  precinct  was 
situated,  or  they  may  dispense  with  such  list  and  proceed  to  make  a  regis- 
ter of  electors  from  the  best  means  at  their  command.  Such  lists  shall  only 
embrace  the  names  of  such  persons  as  are  known  to  them  to  be  electors  in 
their  precinct  or  proved  to  be  such  by  the  oath  of  an  elector  whose  name 
has  already  been  entered  upon  such  register,  or  by  the  oath  of  the  appli- 
cant :  and  such  list  shall  be  preserved  and  a  copy  posted  up  as  prescribed  in 
the  preceding  section  and  shall  be  revised  and  corrected  in  the  same  man- 
ner as  other  lists  are  corrected.  (R.  C.  1905,  §  734;  1881,  ch.  122,  §  3; 
R.  C.  1895,  §  609.) 

§  1093.  BOARD  OF  REGISTRATION,  SECOND  MEETING. 
Such  boards  shall  again  meet  on  Tuesday  of  the  week  preceding  such  elec- 
tion in  their  respective  election  precincts  at  the  place  designated  for  hold- 
ing the  polls  for  the  purpose  of  revising,  correcting  and  completing  such 
lists,  and  for  this  purpose  they  shall  meet  at  eight  o'clock  a.  m.,  and  re- 
main in  session  until  eight  o'clock  p.  m.  (R.  C.  1905,  §  735;  1881,  ch.  122, 
§  4;  R.  C.  1899,  §  610.) 

§  1094.  PROCEEDINGS  OF  BOARD  TO  BE  PUBLIC,  The  pro- 
ceedings of  such  board  shall  be  open,  and  all  persons  residing  and  entitled 
to  vote  in  such  precincts  shall  be  entitled  to  be  heard  by  such  board  in  re- 
lation to  corrections  or  additions  to  such  register,  and  the  judges  or  the 
inspector  nre  empowered  to  adminiser  oaths  for  this  purpose.  One  of  the 
lists  so  kept  by  the  judges  or  inspector  as  aforesaid  shall  be  used  by  them 
on  the  day  of  making  corrections  or  additions  for  the  purpose  of  complet- 
ing the  registry  of  such  precinct.  (R.  C.  1905,  §  736;  1881,  ch.  122,  §  6; 
R.  C.    1899,  §  611.) 

§  1095.     REGISTRY  LIST  TO  BE  REVISED.     It  shaU  be  the  duty 

of  such  board  at  its  meeting  for  revising  and  correcting  such  lists  to  erase 

therefrom  the  name  of  any  person  inserted  therein  who  shall  be  proved  by 

the  oath  of  two  legal  voters  of  such  precinct  to  the  satisfaction  of  such 

board  to  be  nonresidents  of  such  precinct  or  otherwise  not  entitled  to  votQ 


216  STATE  OF  NORTH  DAKOTA 


therein  at  the  election  then  next  to  be  held.  Any  elector  residing  in  such 
precinct  and  entitled  to  vote  therein  may  appear  before  such  board  and 
require  his  name  to  be  recorded  in  such  list.  Any  person  requiring  his 
name  to  be  recorded  shall  make  the  same  statement  as  to  street  and  num- 
ber thereof  and  where  he  resides  which  is  required  by  the  provisions  of 
this  article  of  persons  offering  their  votes  at  the  polls,  and  shall  be  sub- 
ject to  the  same  penalties  for  refusing  to  give  such  information  or  for 
falsely  giving  the  same,  and  shall  also  be  subject  to  challenge  either  by 
the  judges  or  the  inspector  or  by  any  elector  whose  name  appears  on  such 
list,  and  the  same  oath  may  be  administered  by  the  judges  or  inspector  or 
other  duly  authorized  person  as  is  provided  in  case  of  persons  offering  to 
vote  at  an  election ;  and  in  case  no  challenge  is  made  to  any  person  requir- 
ing his  name  to  be  registered  or  in  case  of  challenge,  if  such  person  makes 
oath  as  aforesaid,  then  the  name  of  any  such  person  shall  be  added  to  such 
list.     (R.  C.  1905,  §  737;  1881,  ch.  122,  §  7 ;  R.  C.  1899,  §  612.) 

Good   faith    as   affecting    criminal    responsibility    for    illegal    registration.    37 
L.  R.  A.  (N.  S.)  1177. 

§  1096.  RECEIVING  VOTE  FROM  PERSON  NOT  ON  REGISTRY 
LIST.  After  such  lists  shall  have  been  fully  completed  such  board  shall 
within  two  days  cause  two  copies  of  the  same  to  be  made,  each  of  which 
shall  be  certified  by  it  to  be  a  correct  list  of  the  qualified  electors  of  the 
precinct  so  far  as  known,  which  list  the  judges  or  inspector  shall  carefully 
keep  and  preserve  for  use  on  election  day ;  and  at  the  opening  of  the  polls 
the  judges  or  inspector  shall  designate  two  of  their  number  to  check  the 
name  of  each  voter  voting  in  such  precinct  whose  name  is  on  the  register. 
No  vote  shall  be  received  at  any  election  in  this  state  if  the  name  of  the 
person  offering  such  vote  is  not  on  the  register,  unless  person  shall  furnish 
to  the  judges  of  election  his  afiidavit,  stating  therein  that  he  is  a  resident 
of  such  precinct,  giving  his  place  of  residence  and  length  of  time  he  has 
resided  there,  and  also  prove  by  the  oath  of  a  householder  and  registered 
voter  of  the  precinct  that  he  knows  such  person  to  be  a  resident  therein, 
giving  his  place  of  residence.  Such  oath  may  be  administered  by  the  in- 
spector or  one  of  the  judges  of  election,  or  any  other  person  authorized  to 
administer  oaths,  but  no  person  shall  receive  any  compensation  for  ad- 
ministering such  oath.  Such  oath  shall  be  preserved  and  filed  by  the 
judges  of  election.  Any  person  may  be  challenged  and  the  same  oath 
required  as  is  now  or  hereafter  may  be  prescribed  by  law.  Provided,  that 
nothing  herein  contained  shall  be  construed  as  rendering  void  the  vote  of 
any  duly  qualified  elector  whose  vote  has  been  received  contrary  to  the 
provisions  of  this  section  ;  but  the  person  claiming  the  benefit  of  such  vote 
in  any  action  or  judicial  proceeding  shall  have  the  burden  of  establishing 
the  fact  that  such  vote  was  cast  by  a  duly  qualified  elector.  (1911,  ch.  128 ; 
R.  C.  1905,  §  738;  1881,  ch.  122,  §  8 ;  R.  C.  1899,  §  613.) 

Votes  of  nonregistered  voters  who  furnish  their  affidavits  must  be  received 
and  counted.     Power  v.  Hamilton,  22  N.  D.  177,  132  N.  W.  664. 


ELECTION   LAWS  OF  NORTH   DAKOTA  217 


Votes  received  in  violation  of  statute  are  invalid,  as  statute  is  mandatory. 
Fitzmaurice  v.  Willis,  20  N.  D,  372,  127  N.  W.  95. 

Oath  may  be  taken  giving  new  voter  right  to  vote  after  return  of  en- 
rollment books  to  auditor,  where  such  voter  reaches  age  of  majority  after 
such  return.  State  ex  rel.  Miller  v.  Flaherty,  23  N.  D.  313,  41  L.  R.  A.  (N. 
S.)  132,  136  N.  W.  76. 

Does  not   apply   to   special  city  election.    Kerlin  v.   Devils  Lake,  25   N.   D. 

231,  141  N.  W.  756. 

See  Wagar  v.  Prindeville,  21  N,  D.  245,  130  N.   W.  224. 

Registration  as  condition  of  right  to  vote,    25  L.  R.  A.  480, 

Power  of  the  state  to  require  and  to  prescribe  mode  of  proof  of  regis- 
tration.   28  Am.  St.  Rep.  260. 

§  1097.  DUTY  OF  CLERKS  OF  ELECTION.  The  clerks  of  election 
in  each  precinct  shall  enter  on  the  poll  list  kept  by  them  in  columns  pre- 
pared, for  that  purpose,  opposite  the  name  of  each  person  voting,  the  same 
statement  or  minute  heretofore  required  of  the  board  in  making  the 
registry ;  but  such  entry  shall  not  be  made  by  them  if  the  register  cor- 
rectly contains  the  name  and  residence  of  such  voter ;  and  in  all  cases  such 
clerk  shall  enter  in  a  column  opposite  the  name  of  each  person  not  regis- 
tered the  words  "not  registered."  And  the  clerks  in  case  the  name  of  such 
voter  is  not  registered  shall  enter  in  the  appropriate  columns  of  the  poll 
list  the  name  and  residence  as  in  other  cases.  Any  person  making  a  false 
statement  as  to  his  residence  or  dwelling  place  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  shall  be  punished  by  a  fine  of  not 
less  than  two  hundred  dollars  nor  more  than  five  hundred  dollars,  or 
imprisonment  in  the  penitentiary  not  exceeding  two  years,  at  the  discre- 
tion of  the  court.  (R.  C.  1905,  §  739;  1881,  ch.  122,  §  9:  R.  C.  1895, 
§  614.) 

§  1098.  REGISTER  MUST  BE  FILED.  Within  three  days  after  the 
canvass  of  the  votes  the  register  so  kept  and  checked  as  aforesaid  shall  be 
filed  with  the  county  auditor  of  the  county  in  which  such  precinct  is 
situated,  and  shall  be  retained  and  carefully  preserved  therein  as  a  public 
record.     (R.  C.  1905,  §  740;  1881,  ch.  122,  §  10;  R.  C.  1899,  §  615.) 

§  1099.  REGISTERS  TO  REMAIN  PUBLIC  RECORD.  Such  reg- 
isters shall  at  all  times  be  open  to  public  inspection  without  charge. 
(R.  C.  1905,  §  741;  1881,  ch.  122,  §  11 ;  R.  C.  1895,  §  616.) 

§  1100.  COMPENSATION  OF  MEMBERS  OF  BOARD  OF  REGIS- 
TRY. The  members  of  the  board  of  registry  shall  receive  the  same  com- 
pensation as  is  now  or  may  hereafter  be  allowed  by  law,  not  to  exceed  two 
dollars  per  day.     (R.  C.  1905,  §  742;  1881,  ch.  122,  §  12 ;  R.  C.  1899,  §  617.) 

§  1101.  BOARD  HAS  POWER  TO  PRESERVE  ORDER.  The  mem- 
bers of  such  board  shall  have  and  exercise  the  same  powers  in  preserving 
order  at  their  meetings  under  this  article  as  are  given  to  judges  of  election 
for  preserving  order  on  election  day,  and  vacancies  may  be  filled  in  such 
board  in  the  same  manner  as  vacancies  of  judges  are  now  filled  at  elec- 
tions.    (R.  C.  1905,  §  743;  1881,  ch.  122,  §  13;  R.  C.  1899,  §  618.) 


218  STATE  OF  NORTH  DAKOTA 

§  1102.  PENALTY  FOR  REGISTERING  IN  MORE  THAN  ONE 
PRECINCT.  Any  person  who  shall  cause  his  name  to  be  registered  in 
more  than  one  election  precinct,  or  who  shall  cause  his  name  to  be  regis- 
tered knowing  that  he  is  not  a  qualified  voter  in  the  precinct  where  such 
registry  is  made,  or  who  shall  falsely  personate  any  registered  voter,  and 
any  person  aiding  or  abetting  any  person  in  any  manner  in  either  of  such 
acts,  shall  be  punished  for  each  and  every  offense  by  imprisonment  in  the 
penitentiary  for  not  less  than  two  nor  m.ore  than  five  years.  If  any  mem- 
ber or  oflScer  of  such  board  shall  willfully  violate  any  of  the  provisions  of 
this  article,  or  be  guilty  of  any  fraud  in  the  execution  of  the  duties  of  his 
office,  he  shall  be  punished  by  imprisonment  in  the  penitentiary  for  a 
period  not  exceeding  two  years.  (  R.  C.  1905,  §  744 ;  1S81,  ch.  122,  §  14 ; 
R.  C.  1899,  §  619.) 

See  Kerlin  v.  Devils  Lake,  25  N.   D.   248,  141   N.   W.  756. 
Good    faith    as    affecting    criminal    responsibility    for    illegal    registration.    37 
L.  R.  A.   (N.   S.)  1177. 

§  1103.  COUNTY  AUDITOR  TO  PROVIDE  BLANK  REGISTERS 
AND  BLANKS.  The  county  auditors  shall  provide  the  board  of  registry 
of  the  several  precincts  within  their  respective  counties  with  the  necessary 
blank  registers  and  blanks  at  the  expense  of  their  respective  counties. 
(R.  C.  1905,  §  745;  1887,  ch.  48,  §  1;  R.  C.  1899,  §  620.) 

§  1104.  WHAT  CITIES  GOVERNED  BY  THIS  ARTICLE.  All 
cities  and  villages  containing  eight  hundred  or  more  inhabitants  shall  be 
subject  to  the  provisions  of  this  article.  To  determine  the  number  of  in- 
habitants the  number  of  votes  cast  at  the  last  preceding  general  election 
shall  be  multiplied  by  five.  (R.  C.  1905,  §  746;  1899,  ch.  133;  R.  C.  1899, 
§  621. 

ARTICLE   I.— SUPERINTENDENT   OF   PUBLIC    INSTRUCTION. 

§  1105.  QUALIFICATIONS  OF,  TERM  OF  OFFICE.  There  shall  be 
elected  by  the  qualified  electors  of  the  state  at  the  time  of  choosing  mem- 
bers of  the  legislative  assembly,  a  superintendent  of  public  instruction, 
who  shall  have  attained  the  age  of  twenty-five  years,  who  shall  have  the 
qualifications  of  an  elector  for  that  ofiice,  and  be  the  holder  of  a  teacher's 
certificate  of  the  highest  grade,  issued  in  this  state.  He  shall  hold  his 
office  at  the  seat  of  government  for  the  term  of  two  years,  commencing  on 
the  first  Monday  in  January  following  his  election,  and  until  his  successor 
is  elected  and  qualified.  (1911,  ch.  266,  §  1 ;  R.  C.  1905,  §  747;  1890,  ch. 
62,  §  1;  R.  C.  1899,  §  622.) 

A  professional  certificate  issued  under  the  provisions  of  8  737,  R.  C.  1899,  is 
a  teachers  certificate  of  the  highest  grade  issued  in  this  state  within  the  pur- 
view of  §  1105,  and  such  certificate  cannot  be  collaterally  attacked  on  ground 
that  it  was  issued  without  adequate  examination.  McDonald  v.  Nielson, 
....N.  D 175  N.  W.  361. 


ELECTION   LAWS  OF  NORTH  DAKOTA  219 


Nonpartisan  nomination  and  election  of  superintendent  of  public  instruc- 
tion, see  Ch.  117,  S.  L.  1919. 

Right  of  woman  to  be  superintendent  or  other  officer  of  schools.  38  L.  R, 
A.  212. 

ARTICLE  2.— COUNTY  SUPERINTENDENT  OF  SCHOOLS. 

§  1121.  ELECTION,  TERM  OF  OFFICE.  There  shaU  be  elected  in 
each  organized  county,  at  the  same  time  other  county  officers  are  elected,  a 
county  superintendent  of  schools,  whose  term  of  office  shall  be  two  years, 
commencing  on  the  first  Monday  in  January  following  his  election,  and 
until  his  successor  is  elected  and  qualified.  (1911,  ch.  266,  §17;  R.  C 
1905,  §  764;  1S97,  ch.  77;  R.  C.  1899,  §  638.) 

Nonpartisan  nomination  and  election  of  county  superintendent  of  schools, 
Ch.  117,  S.  L.  1919. 

Provides  for  term  of  two  years  for  county  superintendent  and  any  addi- 
tional time  which  may  elapse  before  qualification  of  successor.  State  v. 
Fabrick,  16  N.  D.  94,  112  N.  W.  74. 

Word  "elected"  as  used  in  this  section  signifies  election  of  qualified  suc- 
cessor to  incumbent.  Jenness  v.  Qark,  21  N.  D.  150,  129  N.  W.  357,  Ann. 
Cas.  1913B  675. 

§  1122.  QUALIFICATIONS.  No  person  shall  be  deemed  qualified 
for  the  office  of  county  superintendent  in  any  county,  who  is  not  a  graduate 
of  some  reputable  normal  school  or  higher  institution  of  learning,  or  does 
not  hold  at  least  a  second  grade  professional  certificate,  and  who  has  not 
had  at  least  two  years'  successful  experience  in  teaching,  one  year  of 
which  shall  have  been  in  this  state.     (1911,  ch.  266,  §  18.) 

County  auditor  will  not  be  prohibited  from  placing  upon  ballot  name  of 
one  who  was  nominated  as  candidate  for  office  of  superintendent  of  schools, 
at  suit  of  elector  of  his  party  on  ground  that  such  candidate  would  be  ineligible. 
State  V.  Ochsenreiter  v.   Blegen,  26  S.  D.  106,  128  N.  W.  488. 

Collateral  attack   on  certificate   not   permissible.     Wendt   v.    Walker,    N. 

D ,176  N.  W.  930,  following  McDonald  v.  Nielson,  ....  N.  D 175  N.  W. 

361. 

See  WoU  v.  Jensen,  36  N.  D.  250,  162  N.  W.  403. 

COUNTY  FAIRS. 

§  1874.  TAX  PROVIDED  FOR  SUBMITTED  TO  VOTE.  When- 
ever the  county  commissioners  shall  have  voted  and  ordered  a  tax  levied 
in  aid  of  an  agricultural  fair  then  at  the  next  general  election  the  question 
of  continuing  the  annual  levy  and  collection  of  said  tax  shall  be  submitted 
to  a  vote  of  the  people  affected  thereby  and  the  county  auditor  shall  certify 
and  give  notice  of  the  submission  to  vote  of  said  question  as  in  such  cases 
provided  by  law.  The  ballots  to  be  used  at  such  election  shall  be  in  the 
following  form: 

Yes        □ 
For  tax  in  aid  of  county  fair 

No    □ 


220  STATE  OF  NORTH  DAKOTA  ; 

. _ — j 

I 

In  voting  upon  such  question  the  elector  in  favor  of  continuing  said  i 

tax  shall  place  a  cross  "X"  in  the  square  marked  "yes"  and  the  electors  ! 
opposed  to  continuing  such  tax  shall  place  a  cross  in  the  square  marked 

"no."     If  a  majority  of  the  ballots  cast  at  such  election  is  in  favor  of  j 

continuing  said  tax  the  county  commissioners  may  continue  to  levy  the  ; 

same  annually,  but  if  a  majority  is  against  levying  said  tax  the  county  ' 

commissioners  shall  not  thereafter  levy  any  tax  under  this  article;  pro-  , 

vided,  however,  the  provisions  of  this  article  may  be  submitted  by  said  i 

county  commissioners  to  the  electors     of  the  county  at  any  general  elec-  i 

tion,  but  the  result  of  any  election  held  under  the  provisions  hereof  shall  j 

remain  in  force  until  changed  at  some  subsequent  election  held  hereunder.  | 

(R.  C.  1905,  §  1315;  1905,  ch.  70,  §  6.)  j 

PURCHASE  OF  LAND  FOR  COUNTY  FAIRS.  ; 

§  1.     The  Board  of  County  Commissioners  in  the  several  counties  in 

the  state  may,  and  when  petitioned  by  five  per  cent  in  at  least  one-half  of  , 

voting  precincts  of  the  county  of  the  legal  voters  of  the  county  based  upon  ■ 

the  votes  cast  for  Secretary  of  State  in  such  county  at  the  last  preceding  gen-  \ 

eral  election,  shall  submit  to  the  voters  of  the  county  at  any  general  election  , 

the  proposition  of  purchasing  or  leasing  in  the  name  of  the  county  not  to  ' 

exceed  eighty  acres  of  land  to  be  used  by  such  county  for  comity  fair  pur-  . 

poses ;  and  if  at  such  election  a  majority  of  the  legal  voters  shall  vote  in  \ 

favor  of  purchasing  or  leasing  such  land  for  such  purposes  it  shall  be  the  j 

duty  of  the  Board  of  County  Commissioners  to  purchase  or  lease  in  con-  '. 
formity  with  this  act,  a  tract  of  land,  not  to  exceed  eighty  acres,  in  the 

name  of  the  county  for  such  purposes,  and  to  build  and  construct  thereon  ] 

such  buildings  and  make  such  improvements  as  they  shall  deem  necessary  j 

for  the  operation  and  management  of  a  county  fair.     The  election  upon  ' 
such  purchase  or  lease  shall  be  conducted,  and  the  votes  counted  in  the 

same  manner  as  other  elections.     (Ch.  102,  1919  S.  L. )  . 

§  1980.     PURCHASE  ROAD  MACHINE.     In  any  township  in  which  i 
the  whole  or  any  part  of  the  highway  tax  is  paid  in  labor,  the  township 

board  thereof  may  upon  being  petitioned  in  writing  by  a  majority  of  the  ] 

resident  freeholders  of  the  town,  contract  for  and  purchase,  upon  credit,  : 

or  otherwise,  a  road  machine,  road  grader  or  wheeled  scrapers,  or  one  or  j 

more  of  either  of  them  for  the  use  of  the  township,  which  implements  shall  ; 

be  used  and  owned  and  cared  for  by  the  township.  | 

Provided,  however,  that  if  the  cost  of  such  road  m  icliinery  shall  ex-  j 

ceed  the  sum  of  four  hundred  dollars,  the  question  of  purchasing  such  ! 

road  machinery  shall  be  submitted  to  a  vote  of  the  electors  at  the  next  j 

annual  township  election.     The  form  of  the  ballots  shall  be  as  follows :  . 

For  Purchasing  Road  Machinery |     I     i 

Against  Purchase  of  Road  Machinery I     [    j 


ELECTION  LAWS  OF  NORTH  DAKOTA  221 

Each  voter  shall  place  at  the  right  of  the  proposition  he  favors  in  a 
square  for  that  purpose  the  mark  X.  If  a  majority  of  the  votes  cast  on 
the  question  are  in  favor  of  purchasing  such  road  machinery  the  township 
board  shall  purchase  the  same,  but  if  a  majority  of  such  ballots  are  cast 
against  the  proposition  the  township  board  shall  not  purchase  such 
machinery.  The  posting  of  notices  of  such  election  and  the  manner  of 
coimting  ballots  shall  be  the  same  as  prescribed  for  the  posting  of  election 
notices  and  counting  of  election  ballots  for  the  annual  township  election. 

The  cost  of  such  road  implements  shall  be  paid  for  out  of  the  highway 
tax  of  the  township  and  may  be  paid  for  in  not  to  exceed  five  annual  in- 
stallments. A  copy  of  the  notice  or  contract  issued  upon  such  purchase 
shall  be  filed  in  the  office  of  the  township  clerk,  and  it  shall  be  the  duty  of 
such  township  clerk  to  present  a  statement  of  the  sum  due  thereon,  to  the 
township  board,  at  each  regular  meeting  held  thereafter  for  the  audit  of 
the  township  claims  and  charges,  and  the  township  board  shall  audit  the 
same.  Not  more  than  one-half  of  the  highway  tax  of  the  township  shall 
be  applied  to  the  payment  thereof  in  any  one  year.  The  portion  of  such 
tax  so  applied  shall  be  required  to  be  paid  in  money,  and  shall  be  assessed 
and  levied  upon  property  of  the  township  and  collected  in  the  same  man- 
ner as  other  township  charges  are  assessed,  levied  and  collected,  except 
that  the  amount  thereof  shall  be  put  in  a  separate  column  of  the  tax  roll, 
and  the  township  board  shall  cause  the  same  so  certified  to  by  the  town- 
ship clerk,  to  be  levied  upon  the  taxable  property  of  the  township.  (1917, 
ch.  201;  R.  C.  1905,  §  1407;  1899,  ch.  140,  §  2 ;  R.  C.  1899,  §  1115b;  1901, 
ch.  147.) 

§  2125.  ASSESSORS'  DISTRICTS.  VACANCY.  COMPENSATION. 
All  coimties  or  parts  of  counties  in  this  state  not  organized  into  civil  town- 
ships shall  be  divided  into  assessor  districts,  which  shall  comprise  the 
same  territory  as  the  commissioner  districts  of  said  county,  excluding  or- 
ganized civil  townships  and  the  district  assessor  thereof  shall  be  elected  at 
the  same  time  that  state  officers  are  elected,  and  his  term  of  office  shall  be 
two  years  from  and  after  the  first  day  of  January  following.  In  case  of 
vacancy  in  the  office  of  district  assessor  in  any  of  such  districts,  such  va- 
cancies shall  be  filled  by  the  board  of  county  commissioners  of  the  proper 
county.  Each  organized  civil  township  in  the  state  shall  continue  an 
assessor  district,  and  there  shall  annually  be  one  township  assessor  elec- 
ted for  each  one  of  said  townships,  at  the  time  the  other  township  officers 
are  elected ;  provided,  that  any  vacancy  in  township  assessor  may  be  filled 
by  appointment  by  the  board  of  supervisors  of  said  township  where  such 
vacancy  exists;  provided,  further,  that  cities,  towns  and  villages  or- 
ganized under  the  general  laws  of  this  state  shall  not  be  included  ir  the 
districts  provided  for  in  this  section,  but  assessor  of  such  cities,  towns  or 
village  shall  act  with  the  board  of  county  assessors  in  any  meetings 
which  may  be  held  by  such  board  of  comity  assessors.  All  assessors  of 
territory  not  organized  into  civil  townships  shall  be  paid  four  dollars  per 
day  each  and  no  more,  for  the  time  actually  spent  by  them  in  making  and 


222  STATE  OF  NORTH  DAKOTA 

completing  said  assessment.  All  assessors  of  civil  townships  shall  receive 
three  dollars  per  day,  and  no  more,  for  the  time  actually  employed  in 
making  and  completing  the  assessment  of  their  respective  townships,  but 
shall  not  receive  more  than  sixty  dollars  for  assessing  any  civil  township ; 
provided,  further,  that  no  person  shall  be  eligible  to  be  assessor  unless  he 
is  a  voter  and  owner  of  real  estate  in  the  district  or  township  of  which 
he  seeks  to  be  assessor.  (1909,  ch.  198;  R.  C.  1905,  §  1515;  1897,  ch.  138; 
R.  C.  1899,  §  1209;  1903,  ch.  36.) 

§  2126.  BOND  AND  OATH  OF  ASSESSOR.  Every  person  elected 
or  appointed  to  the  office  of  assessor  shall,  at  or  before  the  time  of  re- 
ceiving the  assessment  books,  file  with  the  county  auditor  his  bond, 
issued  by  the  state  bonding  department,  payable  to  the  state  of  North 
Dakota,  to  be  approved  by  the  chairman  of  the  board  of  township  super- 
visors, in  counties  organized  into  civil  townships,  and  in  counties  not  so 
organized,  by  the  b<»ard  of  county  commissioners,  and  in  cities  as  pro- 
vided by  law,  in  a  penal  sum  not  less  than  one  thousand  dollars  nor  more 
than  two  thousand  dollars,  in  the  discretion  of  the  board  requiring  such 
bond,  conditioned  that  he  will  diligently,  faithfully  and  impartially  per- 
form the  duties  enjoined  on  him  by  any  law  of  this  state  now  in  force  or 
which  may  hereafter  be  enacted ;  and  he  shall  moreover  take  and  sub- 
scribe on  said  bond  the  oath  prescribed  by  section  211  of  the  constitution, 
and  if  any  person  so  elected  or  appointed  fails  to  give  bond  or  fails  to 
make  the  oath  required  within  the  time  prescribed  by  law,  such  failure 
shall  be  deemed  a  refusal  to  serve,  and  create  a  vacancy  that  shall  be  filled 
as  hereinafter  provided.  (1913,  ch.  50;  R.  C.  1905,  §  1516;  1897,  ch.  126, 
§  33;  R.  C.  1899,  §  1210.) 

§  2151.  ELECTORS  MAY  VOTE  SUMS  OF  MONEY  FOR  ROAD 
WORK.  The  electors  of  each  township  have  power  at  the  annual  meet- 
ing to  vote  to  raise  such  sums  of  money  for  the  repair  and  construction  of 
bridges,  for  the  support  of  the  poor,  and  for  all  tow-nship  charges  and 
necessary  expenses,  as  they  deem  expedient;  provided,  that  they  may,  at 
their  annual  meeting,  direct  such  an  amount  of  the  poll  or  road  tax  of  the 
township  to  be  expended  on  the  highways  in  an  adjoining  township,  as 
they  deem  conducive  to  the  interests  of  the  township,  which  labor  and 
tax  shall  be  expended  under  the  joint  direction  of  the  supervisors  of  the 
township  interested  furnishing  the  same;  provided,  further,  that  where 
more  than  one  entire  congressional  township  is  included  within  an  or- 
ganized township,  the  poll  and  road  taxes  raised  within  the  limits  of 
each  of  such  congressional  townships  shall  be  expended  within  such 
congressional  townships,  unless  raised  to  be  expended  outside  of  such 
organized  townships  in  an  adjoining  township,  provided,  further,  that 
the  amount  of  tax  for  road  purposes  shall  not  exceed  eight  mills,  and  for 
bridge  purposes  shall  not  exceed  four  mills,  and  that  the  levy  of  all 
township  taxes  shall  be  in  the  manner  prescribed  in  Section 
2148,  and  that  the  township  clerk  shall  notify  the  County  Auditor  of  all 


ELECTION   LAWS   OF  NORTH   DAKOTA  223 

such  levies  as  provided  in  Section  4237;  provided,  further,  that  none  of 
the  provisions  of  this  section  shall  be  construed  as  conflicting  with  the 
provisions  of  Article  9,  Chapter  19,  of  the  Political  Code  (Section  2004- 
2034  herein)  ;  provided,  also,  that  the  Board  of  County  Commissioners 
shall  have  the  same  jurisdiction  in  relation  to  roads  and  bridges,  and 
the  same  power  to  levy  road  taxes  on  organized  parts  of  counties,  as 
the  township  supervisors  now  have  in  organized  townships.  (1919.  ch. 
231;  R.  C.  1905.  §  1540;  1883,  sub-ch.  1,  ch.  112,  §  13,  101;  1895.  ch.  91, 
§  3;  R.  C.  1899,  §   §  2542,  2(>40,  2670;  1901,  ch.  151.  §  2:  1903,  ch.  172.) 

On  right  to  raise  money  for  highway  purposes  at  annual  town  meeting, 
and  disposition  of  fund  illegally  raised.  Miner  v.  Clifton  Twp.,  30  S.  D.  127, 
137  N.  W.  585. 

AGRICULTURAL  EXTENSION  WORK. 

§  2263.  COUNTY  COMMISSIONERS  LEVY  TAX  ON  PETITION; 
MANNER  OF  DISCONTINUING  SAME:  DISPOSITION  OF  ACCUMU- 
LATED FUNDS.  The  Board  of  County  Commissioners  for  any  county  in  this 
state  may  in  its  discretion  or  upon  petition  of  twenty-five  per  cent  of  the 
tax  payers  of  said  county,  shall,  annually  make  an  appropri:ition  and  levy 
a  tax  upon  all  the  taxable  property  of  the  county  for  the  purpose  of  pro- 
moting diversified  farming  and  agi-icultural  development  through  the  em- 
ployment, in  co-operation  with  the  Agricultural  Extension  Department  of 
the  Agricultural  College  and  United  States  Department  of  Agi'iculture,  of 
a  person  or  persons  to  carry  on  Agricultural  Extension  work  within  said 
county.  The  amount  of  tax  levied  shall  not  exceed  one-half  mill  upon 
the  dollar  of  assessed  valuation ;  provided  that  upon  the  petition  of  not 
less  than  ten  per  cent  of  the  electors  of  any  county  which  has  made  an 
appropriation  and  levied  a  tax  in  accordance  with  Section  2263,  the 
Board  of  County  Commissioners  shall  at  the  next  general  election  submit 
to  the  people  of  that  county  the  question  as  to  whether  or  not  the  said 
work  and  tax  levy  set  forth  in  Section  22(>3  shall  be  continued  in  the  fol- 
lowing manner : 
For  support  of  co-operative  Agricultural  Extension  Work    FH 

Against  support  of  co-operative  Agricultural  Extension  Work I     I 

If  a  majority  of  the  votes  upon  the  said  proposition  shall  be  cast 
against  such  co-operative  agricultural  extension  work  then  such  tax  shall 
be  discontinued  by  the  Board  of  County  Commissioners  in  the  county  on 
January  1st  following  said  election;  provided  further,  that  any  funds 
raised  under  the  provisions  of  Section  2263  of  the  Compiled  Laws  of 
North  Dakota  for  1913  remaining  unexpended  in  the  treasury  of  any 
county  in  this  state  at  the  time  of  taking  effect  of  this  act  may  be  by  the 
Board  of  County  Commissioners  of  such  county,  covered  into  and  added 
to  whatever  fund  the  Board  may  deem  most  expedient.  (1917,  ch.  1; 
1913,  ch.  117,  §  1.) 

See  Westlake  v.   Anderson,  33  N.  D.  326,   156  N.   W.   925. 


224  STATE  OF  NORTH  DAKOTA 


POOR     FARM.  j 

I 

§  2529.     ELECTION,     PURCHASE,     MANAGEMENT     AND     SALE.  ; 

It  shall  be  lawful  for  the  Board  of  County  Commissioners  in  the  several 
counties  in  the  state  after  having  submitted  the  question  to  the  legal  i 
voters  of  the  county  at  any  special  county  or  general  election  whenever  the  • 
Commissioners  may  deem  it  advisable,  and  if  at  such  election  a  majority  ] 
of  the  legal  voters  shall  vote  in  favor  of  the  proposition,  to  purchase  a  i 
tract  of  land  in  the  name  of  the  county,  and  build,  establish  and  organize  ! 
thereon,  an  asylum  for  the  poor  and  to  employ  some  humane  and  re-  ; 
sponsible  person,  a  resident  of  the  county,  to  take  charge  of  the  same  upon  i 
such  terms,  and  under  such  restrictions  as  the  board  shall  consider  most  : 
advantageous  for  the  interests  of  the  county,  who  shall  be  called  superin- 
tendent of  the  County  Asylum ;  and  it  shall  be  lawful  for  the  County  : 
Commissioners  of  two  or  more  counties,  after  having  been  so  authorized, 
by  a  majority  of  the  legal  voters  of  their  respective  counties,  in  the  manner  ; 
prescribed  in  this  Section,  jointly  to  purchase  lands  and  erect  asylums  i 
and  to  continue  such  joint  ownership  during  their  pleasure ;  and  to  do  such  ■ 
other  things  necessary  and  proper  for  the  relief  of  the  poor  within  such  [ 
counties  as  might  be  done  by  a  county  acting  alone ;  provided,  that  the  ; 
Commissioners  of  any  county  now  acting  and  operating  an  asylum  for  the  ' 
poor  located  over  ten  miles  by  the  nearest  traveled  route,  from  the  center  ; 
of  the  county,  and  the  same  distance  from  the  nearest  village  or  city  in  ■ 
this  state  having  a  passenger  depot,  may  sell  such  asylum  or  poor  farm  j 
at  a  price  not  less  than  the  value  to  be  established  by  the  appraisers  for 
state  school  lands  in  said  county  and  purchase  another  tract  of  land,  in  , 
the  name  of  the  county,  more  suitably  situated,  and  build,  establish  and  ■ 
organize  thereon  an  asylum  for  the  poor  as  hereinbefore  provided  without  ; 
first  submitting  the  question  to  the  voters  of  the  county,  provided,  further 
the  cost  of  the  land  and  buildings  so  purchased  and  erected  must  not  exceed  \ 
the  amount  realize^  from  the  sale  of  the  first  asylum  or  poor  farm  by  i 
over  five  thousand  ($5,000.00)  dollars.  (1915,  ch.  114;  R.  C.  1905,  §  1871;  i 
1899,  ch.  6;  R.  C.  1899,  §  1495.)  | 

ARTICLE  2.— CHANGING  COUNTY  LINES.  | 

§  3199.     COUNTY  LINES.     HOW  CHANGED.     When  a  majority  of  i 

the  legal  voters  residing  in  any  territory,  not  less  than  one  congressional  \ 

township,  as  appears  by  the  vote  cast  for  secretary  of  state  at  the  last  ■ 

general  election,   shall  petition  the    board    of    county    commissioners    of  ! 

their  county,  and  also  the  county  to  which  they  desire  such  territory  to  I 

be  transferred,  for  leave  to  have  such  territory  transferred  to  such  coun-  i 

ty,  the  boards  of  county  commissioners  so  petitioned  shall  order  an  elec-  i 

tion  for  such  purpose  in  their  respective  counties,  to  be  held  at  and  in  con-  j 

nection  with  the  next  general  election ;  provided  such  petition  shall  be  | 

presented  to  the  several  boards  of  county  commissioners  at  least  sixty  i 

days  before  such  general  election  and  the  returns  of  such  election  shall  be  i 


ELECftON  LAWS  OF  NORTH  DAKOTA  225 


made  to  the  secretary  of  state.     (1911,  ch.  107;  R.  C.  1905,  §  2323;  R.  C. 
1895,   §  1847.) 

§  3200.  NOTICES  OF  ELECTION,  HOW  POSTED.  Notices  of  such 
election  shall  contain  a  description  of  the  territory  proposed  to  be  trans- 
ferred, the  name  of  the  county  from  and  to  which  such  transfer  is  in- 
tended to  be  made,  and  shall  be  posted  as  required  for  general  elections. 
(R.  C.  1905,  §  2324:  R.  C.  1895,  §  1848.) 

§  3201.  TAXES.  OFFICERS.  BALLOTS.  TRANSFER  OF  TER- 
RITORY. The  ballots  to  be  used  at  such  election  shall  be  in  the  following 
form:  "For  transferring  territory,"  and  "against  transferring  territory." 
If  a  majority  of  the  voters  voting  upon  such  question  in  each  of  such 
counties  shall  be  for  transferring  territory,  then  such  territory  shall  be 
transferred  to  and  become  a  part  of  the  county  to  which  it  is  proposed  to 
transfer  the  same,  on  and  after  the  first  day  of  March  succeeding  such 
election,  and  shall  be  subject  to  all  the  laws,  rules  and  regulations 
thereof ;  provided,  that  the  assessment  and  collection  of  taxes  and  judicial 
and  other  oflScial  proceedings  commenced  prior  to  such  first  day  of 
March  shall  be  continued,  prosecuted  and  completed  in  the  same  manner 
as  if  no  such  transfer  had  been  made;  and  provided,  further,  that  all 
township  oflBcers  within  such  transferred  territory  shall  continue  to  hold 
their  respective  oflBces  within  the  county  to  which  they  may  be  trans- 
ferred until  their  respective  terms  of  oflSce  expire.  (R.  C.  1905,  §  2325; 
R.  C.  1895,  §  1849.) 

§  3202.  AREA  AND  POPULATION.  The  area  of  no  county  shall  be 
reduced,  under  the  provisions  of  this  article,  to  less  than  twenty-four 
congressional  townships,  nor  the  population  to  less  than  one  thousand  bona 
fide  inhabitants.     (R.  C.  1905,  §  2326;  R.  C.  1895,  §  1850.) 

§  3204.  ELECTION,  HOW  CALLED.  When  a  majority  of  the  legal 
voters  of  any  territory  less  than  one-half  of  one  congressional  township 
shall  petition  the  boards  of  county  commissioners  as  above  provided,  such 
boards  may  in  their  discretion  order  elections  to  be  held  as  herein  pro- 
vided, and  in  any  case  where  elections  have  been  held  under  this  article 
and  the  result  has  been  adverse  to  the  i>etitioners,  it  shall  be  in  the  discre- 
tion of  such  boards  of  county  commissioners  to  order  another  election  on  a 
petition  to  transfer  the  same  territory,  presented  within  three  years  from 
the  time  of  holding  of  such  former  election.  (R.  C.  1905,  §  2328;  R.  C. 
1895,  §  1853.) 

ARTICLE  3.— DIVISION  OF  COUNTIES. 

§  3205.  ELECTORS  MAY  PETITION.  Whenever  it  is  desired  to 
form  a  new  county  out  of  one  or  more  of  the  then  existing  counties,  and  a 
petition  praying  for  the  formation  of  such  new  county,  describing  the  ter- 
ritory proposed  to  be  taken  for  such  new  county,  together  with  the  name 
of  such  proposed  new  county,  signed  by  a  majority  of  the  legal  voters 


226               '           STATE  OF  NORTH  DAKOTA  I 

residing  in  the  territory  to  be  stricken  from  such  county  or  counties  (as  j 
appears  by  the  number  of  votes  cast  for  governor  at  the  last  preceding 

general  election),  shall  be  presented  to  the  board  of  comity  commissioners  j 
of  each  county  to  be  affected  by  such  division,  and  it  appearing  that  such 

new  county  can  be  constitutionally  formed,  it  shall  be  the  duty  of  such  i 

boards  of  county  commissioners  to  make  an  order  providing  for  the  sub-  \ 

mission  of  the  question  of  the  formation  of  such  new  county  to  a  vote  of  ! 

the  people  of  the  counties  to  be  affected,  at  the  next  succeeding  general  ' 

election,  and  notice  thereof  shall  be  given,  the  votes  canvassed,  and  the  ! 

returns  made  as  in  the  case  of  the  election  of  members  of  the  legislative  j 

assembly;   and  the  form  of  the  ballot  to  be  used  in   the  determination  j 

of  such  question  shall  be  "for  new  county"  and  "against  new.  county."  \ 

(1917,  ch.  60;  R.  C.  1905,  §  2329;  1887,  ch.  38,  §  1;  R.  C.  1895,  §  1854.)  j 

! 

As  to  the  right  of  electors  of  county  to  vote  upon  all  petitions  in  reference  | 
to    division    of    county,    that    conform    to    statute.     State    ex    rel.        Steel    v. 

Fabrick,   17  N.    D.   532,   117   N.    W.   860.  ■ 

Notice  of  election  upon  question  of  division  of  county,   published   for   three 

consecutive    weeks    only,    is    insufficient.     State    ex    rel.    Minehan    v.     Meyers,  \ 
19  N.  D.  804,  124  N.  W.  701,  but  see  State  v.  Miller,  21  N.  D.  335,  131  N.  W.  282. 

Necessity  of  execution  and   filing  of  equivalent  of  certificate  of  election  on 
canvass   of  county    division    election.    State    ex    rel.    Minehan   v.    Thompson,   24 

N.  D.  211,  139  N.  W.  960.  ; 

Proceedings  for  division  of  county  and  for  organization  of  new  counties  are 

strictly   statutory,   and   no  intendments   can  be    indulged   in   their   favor.     State  \ 

ex  rel.  Minehan  v.  Meyers,  19  N.  D."804,  124  N.  W.  701.  j 

i 

§  3206.     GOVERNOR    TO    APPOINT    COUNTY    COMMISSIONERS,  i 

If  it  shall  appear  that  a  majority  of  all  votes  cast  at  such  election  in  each  ; 

of  the  counties  interested  is  in  favor  of  the  formation  of  such  new  county  \ 

or  counties  the  county  auditor  of  each  of  such  counties  shall  certify  the  | 

same  to  the  secretary  of  state,  stating  in  such  certificate  the  name,  terri-  ; 

torial  contents  and  boundaries  of  such  new  county,  whereupon  the  secre-  ; 

tary  of  state  shall  notify  the  governor  of  the  result  of  such  election,  whose  ■ 
duty  it  shall  be  to  appoint  three  persons,  residents  of  the  county  so  formed, 

possessing  the  qualification  of  electors,  who  will  accept  and  qualify  in  such  i 

ofl3ce,  county  commissioners  for  such  new  county,  or  counties,  who  shall  ' 

hold  their  oflSce  until  the  first  general  election  thereafter  and  until  their  ■ 

successors  are  elected  and  qualified,  and  upon  the  qualifying  of  such  com-  , 
missioners  such  county  shall  be  deemed  to  have  existence  as  such  and  be 

governed  by  the  laws  of  the  state  relating  to  counties.     (1907,  ch.  62;  R.  C.  : 
1905;  §  2330;  1887,  ch.  38,  §  5;  R.  C.  1899,  §  1855;  1905,  ch.  75.) 

Necessity  of  execution  and  filing  of  equivalent  of  certificate  of  election  on  i 

canvass   of   county    division   election.     State    ex    rel.    Minehan    v.    Thompson,    24  | 

N.  D.  273,  139  N.  W.  960.  ; 

Legal   existence  is  not  conferred  upon   new  county   where  county  has   been  | 

divided  until  after  governor  has  appointed  commissioners,  and  they  have  quali-  i 
fied  as  such.    Murray  v.  Davis,  21  N.   D.  64,  128  N.   W.  305. 


ELECTION   LAWS  OF  NORTH  DAKOTA  227 

§  3207.  COUNTY  COMMISSIONERS  TO  APPOINT  COUNTY  OF- 
FICERS. The  county  commissioners  appointed  under  the  provisions  of 
the  preceding  section,  after  having  qualified  according  to  law,  shall  ap- 
point all  the  county  oflBcers  of  the  county  so  organized,  who  after  having 
qualified  shall  hold  their  oflBces  until  the  first  general  election  thereafter 
and  until  their  successors  are  elected  and  qualified ;  provided,  that  all  jus- 
tices of  the  peace  and  constables  in  oflice  within  the  boundaries  of  any 
county  organized  under  this  article  shall  continue  to  hold  such  offices 
in  such  new  county  during  the  remainder  of  their  term,  and  shall  give 
bonds  to  the  county  organized  under  this  article  of  the  same  amount  and 
in  the  same  manner  as  to  the  original  county.  (R.  C.  1905,  §  2331;  1887, 
ch.  38,  §  6;  R.  C.  1895,  §  1856.) 

§  3208.  COUNTY  SEAT,  HOW  LOCATED.  The  county  commission- 
ers of  such  county  shall  have  power  temporarily  to  fix  the  county  seat 
and  such  location  shall  remain  the  county  seat  until  the  first  general 
election  thereafter,  when  the  qualified  voters  of  such  county  are  empowered 
to  vote  for  and  select  the  place  of  the  county  seat  by  ballot  as  provided 
by  law.  Provided,  however,  that  in  counties  where  the  county  seat  has 
not  been  permanently  located,  the  question  of  location  of  such  county 
seat  may  be  voted  on  at  any  primary  election  upon  a  i)etition  or  petitions, 
each  to  be  signed  by  at  least  ten  i>er  cent  of  the  qualified  voters  of 
such  county,  voting  for  the  office  of  Secretary  of  State  at  the  last  general 
election,  stating  the  date  of  signing  and  the  residence  of  each  qualified 
voter,  designating  therein  the  proi>osed  county  seat,  which  said  petition 
shall  be  filed  with  the  County  Auditor  at  least  thirty  days  prior  to  the 
holding  of  any  primary  election,  and  if  more  than  two  towns  are  contend- 
ing for  the  location  of  the  county  seat  at  such  election,  then  the  two 
towns  receiving  the  highest  vote  at  such  primary  election,  and  these  two 
towns  only,  shall  be  placed  on  the  official  ballot  at  the  first  following 
general  election,  and  the  town  then  receiving  the  highest  number  of  votes 
cast  for  the  county  seat  location  at  such  general  election,  shall  be  desig- 
nated the  county  seat  of  such  county  and  the  county  seat  located  thereat, 
and  the  question  of  county  seat  removal  must  not  again  be  voted  on  for 
four  years  in  any  county  where  the  county  seat  is  so  located.  (1917, 
ch.  101;  R.  C.  1905,  §  2332;  1887,  ch.  38,  §  7;  R.  C.  1895,  §  1857.) 

Sute  T.  Anders,  30  N.   D.   572,  152  N.   W.  801. 
CahiU  T.  McDowcU,  40  N.   D.  625,  169  N.   W.  499. 

§  3209.     COMMISSIONERS   GOVERNED  BY   EXISTING  LAW.     In 

all  matters  not  specially  provided  for  in  this  article  the  county  commis- 
sioners appointed  as  hereinbefore  provided  shall  be  governed  by  the  laws 
then  existing.     (R.  C.  1905,  §  2333;  1887,  ch.  38,  §  8;  R.  C.  1899,  §  1858.) 

§  3210.  ELECTION  GOVERNED  BY  GENERAL  LAW.  All  elec- 
tions under  this  article,  where  not  otherwise  provided,  shall  be  conducted  in 
the  same  manner  as  required  by  law  for  general  elections,   and  no  re- 


STATE  OF  NORTH  DAKOTA 


fusal  or  neglect  on  the  part  of  any  oflacial  to  perform  his  lawful  duties 
in  connection  therewith  shall  in  anywise  affect  the  validity  of  such 
election.     (R.  C.  1905,  §  2334;  1887,  ch.  38,  §  9 ;  R.  C.  1899,  §  1859.) 

Neglect  on  part  of  election  officials  to  perform  their  duties  will  not  make 
election  void,  but  person  seeking  to  vote  must  know  his  vote  is  void  unless 
statute  is  complied  with.     Fittzmaurice  v.  Willis,  20  N.  D.  372,  127  N.  W,  95. 

ARTICLE  4.— COUNTY  SEATS. 

§  3233.  COUNTY  SEAT,  REMOVAL  OF.  Whenever  the  inhabitants 
of  any  county  in  this  state  desire  to  remove  the  county  seat  of  the 
county  from  the  place  where  it  is  fixed  by  law,  or  otherwise,  to  another 
place  they  may  present  a  petition  to  the  board  of  county  commissioners  of 
their  county  praying  such  removal  and  that  an  election  be  held  to  determ- 
ine whether  or  not  such  removal  shall  be  made.  Such  petition  must  be  veri- 
fied by  the  affidavit  of  each  of  the  signers  thereof,  stating  that  he  is  a 
resident  of  the  county,  a  qualified  elector  therein,  and  that  he  per- 
sonally signed  his  name  thereto  knowing  the  contents  and  purposes  of 
the  petition ;  provided,  however,  that  where  any  city,  town  or  village 
has  been  recognized  as  the  county  seat  of  any  county  for  the  period  of 
more  than  ten  years  last  past,  and  where  all  of  the  public  business  re- 
quired by  law  to  be  transacted  at  the  county  seat  has  been  transacted  at 
said  place  during  all  of  said  period,  said  city,  town  or  village  shall  be 
deemed  to  be  the  county  seat  of  such  county,  and  the  county  seat  can 
be  removed  therefrom  only  in  the  manner  now  provided  by  law.  (R.  C. 
1905,  §  2358;  R.  C.  1895,  §  1880;  1901,  ch.  57.) 

Mandamus  proper  remedy  to  determine  whether  county  seat  has  been 
legally  changed.  Two -thirds  vote  polled  means  on  particular  question.  De- 
termination of  county  board  final  on  sufficiency  of  petitions.  State  ex  rel. 
Little  V.  Langlie,  5  N.  D.  594,  67  N.  W.  958. 

Changed  only  by  majority  of  all  votes  cast  at  election.  Adkins  v.  Lien, 
10  S.  D.  436,  n  N.  W.  909. 

Vote  required,  State  v.  Blaisdell,  18  N.  D.  31,  119  N.  W.  360. 

County  failing  to  select  cannot  resubmit  question  for  four  years.  State 
v.  Porter,  13  S.  D.  126,  82  N.   W.  415. 

Ballot  requirements  are  mandatory  and  statute  is  removal  statute,  and 
is  constitutional.     Miller  v.  Norton,  22  N,   D.   196,   132  N,    W,    1080. 

Attack  upon  petition  for  removal  of  county  seat  is  too  late,  when  made 
after  necessary  two-thirds  of  electors  of  county  have  at  election  determined  in 
favor  of  removal.     Miller  v.  Norton,  22  N.  D.  196,  132  N.  W.  1080. 

Election  held  under  this  section  is  one  for  the  removal  and  not  relocation 
of  the  county  seat.     State  v.  Anders,  30  N.  D.  572,  152  N.  W.  801. 

Place  to  which  removal  is  desired  need  not  be  inserted  in  petition.  Bugbec 
V.  Steele  Co.,  41  N.  D.  155,  170  N.  W.  321. 

Reverter  of  land  dedicated  or  conveyed  for  purpose  of  court  house  on  re- 
moval of  county  seat  or  failure  to  use  land  for  such  purposes,  35  L.  R.  A. 
(N.  S.)  603. 

Right  to  withdraw  names  from  petition  for  removal  of  county  seat.  35 
L.  R.  A.  (N.  S.)  1113. 


ELECTION   LAWS  OF  NORTH   DAKOTA  229 

§  3234.  COMMISSIONERS  TO  SUBMIT  QUESTION  TO  VOTE 
WHEN.  If  the  petition  is  signed  by  qualified  electors  of  the  county  equal 
in  number  to  at  least  three-fifths  of  all  the  votes  cast  in  the  county  at 
the  last  preceding  general  election,  the  board  must,  at  the  next  general 
election  submit  the  question  of  removal  to  the  electors  of  the  county.  (B. 
C.  1905,  §  2359;  1899,  ch.  70;  R.  C.  1899,  §  1881.) 

County    commissioners    to    pass    upon    sufficiency    of    petitions.      Bailey    v. 

Pugh,  .;.... N.  D 179  N.  W.  705,  Pugh  v.  Hempftling N.  D , 

179  N.  W.  706. 

§  3235.  NOTICE  OF  ELECTION.  Notice  of  such  election,  clearly 
stating  its  object,  must  be  given  and  the  election  must  be  held  and  con- 
ducted and  the  returns  made  in  all  respects  in  the  manner  prescribed 
by  law  in  regard  to  the  submitting  of  questions  to  the  electors  of  a  local- 
ity under  the  general  election  law.  (R.  C.  1905,  §  2360;  R.  C.  1895, 
§  1882.) 

See  Opinions  of  the  Attorney  General  No.  87. 

§  323G.  BALLOT.  HOW  MARKED.  NOTICE  OF  RESULT.  In  voting 
on  the  question,  each  elector  must  vote  for  the  place  in  the  county  which 
he  prefers  by  placing  opposite  the  name  of  the  place  the  mark  (X).  When 
the  returns  have  been  received  and  compared  and  the  result  ascertained 
by  the  board,  if  two-thirds  or  more  of  all  the  legal  votes  cast  by  those  voting 
on  the  proposition  are  in  favor  of  any  particular  place  the  board  must  give 
notice  of  the  result  by  posting  notices  thereof  in  all  the  election  precincts 
in  the  county  and  by  publishing  a  like  notice  in  a  newspaper  published  in 
the  county  at  least  once  a  week  for  four  weeks.  (1915,  ch.  116;  1907,, 
ch.  61;  R.  C.  1905,  §  2361;  R.  C.  1895,  §  1883.) 

State  V.  Anders,  30  N.  D.  572,  152  N.  W.  801. 

A  ballot  having  a  blank  space  in  which  the  elector  could  write  the  name 
of  the  place  which  he  preferred  is  sufficient.  Bugbee  v.  Steele  Co.,  41  N.  D. 
155,  170  N.  W.  321. 

On  what  basis  majority  essential  to  adoption  of  proposition  for  change  of 
cotmty  seat  is  to  be  computed.     22  L.  R.  A,   (N.   S.)  478. 

§  3237.     COUNTY    SEAT,    WHEN   DEEMED      CHANGED.      In      the 

notice  provided  for  in  the  last  section  the  place  selected  to  be  the  county 
seat  of  the  county  must  be  so  declared  from  a  day  specified  in  the  notice, 
not  more  than  ninety  days  after  the  election.  After  the  day  thus  named 
in  the  notice,  the  place  chosen  shall  be  the  county  seat  of  the  county. 
(R.  C.  1905,  §  2362;  R.  C.  1895,  §  1884.) 

§  3238.    STATEMENT  OF  RESULT  OF  ELECTION,  WHERE  FILED. 

Whenever  any  election  has  been  held  as  provided  in  this  article,  the 
statement  made  by  the  board  of  county  commissioners,  showing  the  result 
thereof,  must  be  deposited  in  the  office  of  the  county  auditor,  and  when- 
ever the  board  gives  the  notice  prescribed  in  the  last  section,  it  must 
transmit  a  certified  copy  thereof  to  the  secretary  of  state.  (R.  C.  1905,. 
S  2363  R.  C.  1895,  §  1885.) 


230  STATE  OF  NORTH  DAKOTA 

§  3239.  When  an  election  has  been  held  and  at  least  two-thirds  of 
the  votes  cast  at  such  election  are  not  cast  for  some  other  place  than 
that  fixed  by  law  as  the  former  county  seat,  no  second  election  for  the 
removal  thereof  must  be  held  for  four  years  thereafter,  provided,  how- 
ever, that  in  counties  where  the  county  seat  is  not  located  on  a  railroad 
or  interstate  river,  the  question  of  county  seat  removal  may  be  voted  on 
at  any  primary  election  and  if  more  than  two  towns  are  contending  for 
the  location  of  the  county  seat  at  such  election,  then  the  two  towns  re- 
ceiving the  highest  vote  at  such  primary  election  and  these  two  towns 
only  shall  be  placed  on  the  oflicial  ballot  at  the  first  following  general 
election,  and  the  town  then  receiving  the  highest  number  of  votes  cast 
for  the  county  seat  location  at  such  general  election  shall  be  designated  the 
county  seat  of  such  county,  and  the  county  seat  located  thereat,  and  the 
question  of  county  seat  removal  must  not  again  be  voted  on  for  four 
years  in  any  county  where  the  county  seat  is  so  located. 

The  provisions  as  to  petition,  notice,  ballot,  etc.,  provided  by  law 
for  election  for  the  removal  of  county  seats  shall  be  applicable  to  the 
primary  election  therein  provided  for,  as  well  as  the  general  elections. 
(1917,  ch.  102;  1907,  ch.  61;  R.  C.  1905,  §  2364;  R.  C.  1895,  §  1886.) 

Under  a  provision  that  a  proposition  once  submitted  and  decided  either  way 
by  a  majority  of  the  voters  cannot  be  resubmitted  within  a  period  of  two  years*, 
an  election  thereon  on  a  date  two  days  short  of  such  period  has  been  held  to 
be  void.  9  R.  C.  L.  999,  citing  Battle  Creek  Brewing  Co.  v.  Calhoun  Co., 
166  Mich.  52,  131  N.   W.  160,  Ann  Cas.  1912D  946. 

§  3240.  SUBSEQUENT  REMOVAL,  PETITION  FOR.  When  the 
county  seat  of  a  county  has  been  once  removed  by  a  two-thirds  vote  of  the 
people  of  a  county,  it  may  be  again  removed  from  time  to  time  in  the 
manner  provided  in  this  article;  but  no  election  must  be  ordered  to 
effect  any  such  subsequent  removal,  unless  a  petition  praying  an  elec- 
tion is  signed  by  the  qualified  electors  of  the  county  equal  in  number  to 
at  least  two-thirds  of  all  votes  cast  at  the  last  preceding  general  election, 
nor  unless  at  such  election,  when  ordered,  two-thirds  of  all  the  votes 
cast  are  in  favor  of  some  other  place  as  the  county  seat  of  the  county, 
and  such  election,  when  so  ordered,  shall  take  place  at  the  first  general 
election  held  thereafter,  nor  must  two  elections  to  affect  such  removal 
be  held  within  four  years.     (R.  C.  1905,  §  2365;  R.  C.  1895,  §  1887.) 

Election  held  not  oftener  than  once  in  four  years.  State  ex  rel.  Cosper  v. 
Porter,  13  S.  D.   126,  82  N.   W.  415. 

3241-3243  held  unconstitutional  in  Re  Connolly,  17  N.  D.  546,  117  N.   W.  946. 

ARTICLE  8.--C0UNTY  OFFICERS. 

§  3257.  NUMBER  AND  ELECTION  OF.  Each  organized  county 
shall  have  the  following  officers:  One  county  auditor,  one  register  of 
deeds,  one  clerk  of  the  district  court,  one  state's  attorney,  one  sheriff, 
one  county  judge,  one  county  treasurer,  one  county  surveyor,  one  coroner, 


ELECTION   LAWS   OF  NORTH   DAKOTA  231 

one  county  superintendent  of  schools,  one  public  administrator,  four 
justices  of  the  peace  and  four  constables.  And  there  shall  be  three  or 
five  county  commissioners  as  hereinafter  provided,  who  shall  constitute 
the  board  of  county  commissioners.  Such  oflScers  shall  be  chosen  by  the 
qualified  electors  of  their  respective  counties  at  the  general  election  in 
each  even  numbered  year,  except  the  commissioners  who  shall  be  chosen  by 
the  electors  of  their  respective  districts,  of  which  district  such  commis- 
sioners shall  be  qualified  electors.  (R.  C.  1905,  §  2384;  1883,  ch.  33, 
§  3;  R.  C.  1895,  §  1890;  1903,  €h.  140;  Ch.  21,  §  15,  Pol.  C.  1877.) 

§  3258.  ADDITIONAL  JUSTICES,  WHEN.  PETITION  FOR.  When- 
even  ten  or  more  qualified  electors  of  any  election  precinct  in  this  state, 
comprising  one  or  more  unorganized  townships,  shall  file  a  petition  with 
the  county  auditor  of  the  county  in  which  they  reside,  setting  forth  that 
there  are  not  enough  justices  of  the  peace  or  constables  in  such  precinct 
for  the  proper  administration  of  justice,  there  shall  thereafter  be  elected 
at  the  general  election  in  each  even  numbered  year  two  justices  of  the 
peace  and  two  constables  whose  jurisdiction  shall  be  the  same  as  county 
justices  and  constables.  On  the  filing  of  said  petition  such  ofl5ces  shall  be 
deemed  vacant  and  shall  be  filled  by  appointment  of  the  board  of  county 
commissioners  at  their  next  regular  meeting  or  at  a  special  meeting  called 
for  that  purpose.  The  oflScers  so  appointed  shall  hold  oflSce  until  their 
successors  are  elected  and  qualified,  or  until  the  township  or  townships  com- 
prising said  election  precinct  shall  become  organized.     (1909,  ch.  81.) 

§  3259.  SHERIFF  AND  TREASURER  ELIGIBLE  TWO  TERMS 
ONLY,  The  sheriff  and  the  county  treasurer  shall  not  be  eligible  for 
election  to  such  offices  for  more  than  two  successive  terms  of  two  years 
each.     (R.  C.  1905,  §  2385;  1889,  ch.  103,  §  1 ;  R.  C.  1899,  §  1891.) 

See  Opinions  of  Attorney  General  Nos.  4  to  9  inclusive. 

See    OFFICIAL    NEWSPAPER—Chapter    187,    S.    L.    1919,    Par.    4    thereof 
being  amended  by  Ch.  62,  S.  L.  1921,  following  Section  946, 

ARTICLE  9.— COUNTY  COMAHSSIONERS. 

§  3260.  NUMBER  OF  COUNTY  COMMISSIONERS  MAY  BE 
CHANGED,  HOW.  The  number  of  county  commissioners  of  any  county 
may  be  increased  to  five  or  reduced  to  three  in  the  manner  following: 
Whenever  the  legal  voters  of  the  county,  equal  in  number  to  twenty  per 
cent  of  the  legal  votes  cast  at  the  preceding  general  election,  petition 
the  board  of  county  commissioners  for  an  increase  or  decrease  in  the 
number  of  county  commissioners,  said  board  shall  submit  the  question 
to  a  vote  of  the  electors  of  the  county  at  a  special  election  to  be  held  either 
at  the  next  state  primary  election,  or  general  election,  as  the  petition 
may  pray.  Notice  of  the  submission  of  such  question  shall  be  given  in  the 
notice  of  election  prescribed  by  section  982,  If  the  petition  is  for  an  in- 
crease in  the  number  of  commissioners,  the  proposition  shall  be  submitted 
in  this  form : 


STATE  OF  NORTH  DAKOTA 


"For  five  commissioners."                            \           .  ! 

"Against  five  commissioners."  ] 

If  it  is  for  reduction,  the  proposition  shall  be  in  this  form :  \ 

"For  three  commissioners."  ; 

"Against  three  commissioners."      (1913,  ch.  120;  R.  C.  1905,   §  2386;  i 

1897,  ch.  45;  R.  C.  1899,  §  1892.)  I 

On  party  nominations  for  county  commissioners.     State  ex  rel.  Long  v.  Rex-  | 

ford,  21  S.  D.  86,  109  N.  W.  216.  j 

Where    number    of    county    commissioners    fcas    been    increased    by    vote    of 

county  as  provided  for  in  this  section,  vacancy  arises  in  office  of  county  commis-  : 
sioners  of  each  of  new  districts.     State  ex  rel.   Atty.   Gen,  v.   Davies,  23  N.   D. 

334,  136  N.  W.  955.  ! 

§  32G1.     DISTRICTS,    HOW    FORMED.      COMMISSIONERS,    HOW.i 

DESIGNATED.     When  the  returns  of  such  election  show  a  majority  of  j 

all  the  legal  votes  cast  to  be  for  an  increase  from  throe  to  five,  it  shall  I 

be  the  duty  of  the  board  of  county  commissioners,  within  ten  days  after  i 

the  votes  have  been  canvassed,   to  divide  the  county   into  five  districts,  i 

The  districts  shall  be  numbered  from  one  to  five,  those  last  creited  being  i 

designated  fourth   and  fifth,   respectively.     At  the  ensuing  general  elec-  : 

tiou  commissioners  for  such  additional  districts  shall  be  elected,  the  com-  ; 

missioner  for  the  fourth  district  for  a  term  of  two  years,  and  the  com-  [ 

missioner  for  the  fifth  district  for  a  term  of  four  years.     The  tenure  of  ; 

ofiice  of  the  existing  board  of  county  x'ommissioners  shall  not  be  affected.  : 

The  district  which  each  commissioner  shall  represent  shall  be  designated  ! 

by  such  board.     When  the  special  election  results  in  a  majority  for  a  . 

decrease  of  from  five  to  three,   the  existing  county  board   shall,   at  the  i 

end  of  the  first  two  expiring  terms  of  the  same  year,  decFare  such  dis-  ; 

tricts   vacant,   and   at   their   first   regular   meeting   thereafter   proceed    to  ', 

divide  the  county  into  three  commissioner  districts,  and  in  such  division  : 

designate  the  district  which  each  of  the  three  remaining  commissioners  ' 

shall    represent.      (R.    C.    1905,    §  2387;    1890,    ch.    48,    §  2;    R.    C.    1899,  j 

§1893;  1901,  ch.  52,  §  2.)  j 

Commissioners    bound    to    call    county    judge    and    auditor    together,    where 

petition  to  divide  county  is  duly  presented.     State  ex  rel.  Schilling  v.  Menzie.  17  ! 
S.  D.  535,  97  N.  W.  745. 

County  commissioners  will  not  lose  ofBce  by  moving  to  another  district   in  i 

county.     Gray  v.  Beadle  County,  21   S.  D.  97,  110  N.   W.  36.  [ 

Where    number    qf    county    commissioners    has    been    increased    by    vote    of 
county,  vacancy  arises  in  office  of  county  commissioner  of  each  of  new  districts. 

State  ex  rel.  Atty.   Gen.  v.  Davies,  23  N.  D.  334,  136  N.  W.  955.  J 


§  3262.  COMMISSIONER  DISTRICTS  REDISTRICTED,  WHEN. 
The  county  judge,  auditor  and  clerk  of  the  district  court  of  each  county 
shall  constitute  a  redistricting  board  with  power  to  redistrict  the  com- 
missioner districts  in  any  county  whenever  twenty-five  per  cent  of  the 
legal  voters  of  the  county,  as  shall  be  determined  by  the  votes  cast  at 
the  last  preceding  general   election   for  congressmen,   shall  petition   said 


ELECTION   LAWS  OF  NORTH   DAKOTA  23J 

board  to  change  the  boundaries  of  the  commissioner  districts  and  file  said 
petition  with  the  county  auditor.  Within  twenty  days  after  the  filing 
of  said  petition  it  shall  be  the  duty  of  the  county  auditor  to  call  a  meeting 
of  the  redistricting  board  to  consider  such  i>etition,  and  if  it  shall  appear 
that  the  commissioner  districts  of  such  county  are  not  reasonably  equal 
in  population  or  extent  of  territory  they  shall  proceed  at  once  to  re- 
district  such  county  into  commissioner  districts.  (R.  C.  1905,  §  2388; 
1895,  ch.  34,  §1;  R.  C.  1899,  §  1894;  1901,  ch.  54.) 

Districts  can  only  be  changed  every  third  year.     Van  Den  Bos  v.  Board,  11 
S.  D.  190,  76  N.  W.  935. 

§  3263.  DUTY  OF  REDISTRICTING  BOARD.  In  redistricting  any 
county  it  shall  be  the  duty  of  the  redistricting  board  to  make  the  districts 
as  regular  and  compact  in  form  as  practicable,  and  as  equal  in  population 
as  possible,  as  shall  be  determined  by  the  vote  cast  at  the  last  preceding 
general  election,  but  no  new  district  shall  be  so  formed  that  any  two  of 
the  then  acting  commissioners  shall  reside  in  the  same  district,  and  no 
county  shall  be  redistricted  oftener  than  once  in  five  years.  (R.  C.  1905, 
§  2389;  1895,  ch.  34,  §  2;  R.  C.  1899,  §  1895;  1901,  ch.  54.) 

§  3264.  TERM  OF  OFFICE  OF  COMMISSIONERS.  The  commis- 
sioners shall  hold  their  office  for  the  term  of  four  years,  except  as  pro- 
vided by  law  for  the  organization  of  counties,  and  in  counties  now  organ- 
ized, the  order  of  their  election  and  succession  shall  be  as  herein  provided, 
and  commissioner  districts  in  such  counties  shall  continue  as  now  con- 
stituted until  changed  as  provided  by  law.  Provided,  that  at  the  general 
election  next  after  the  organization  of  a  county,  either  from  unorganized 
territory  or  from  territory  segregated  by  division  from  another  county,  one 
county  commissioner  shall  be  elected  for  a  term  of  two  years  and  two 
commissioners  for  a  term  of  four  years,  and  thereafter  as  provided  by 
law,  the  order  of  succession  to  be  determined  by  lot  Provided,  further, 
that  in  all  counties  in  this  state  wherein  heretofore  commissioners  have 
been  elected  after  the  organization  of  a  new  county,  either  from  un- 
organized territory  or  upon  division  or  segregation  from  another  county, 
and  where  all  the  commissioners  now  serving  were  elected  for  the  same 
term,  the  county  commissioners  shall,  at  the  regular  meeting  of  the 
board  of  county  commissioners  next  after  the  taking  effect  of  this  act 
(article),  by  lot  determine  the  order  of  their  succession;  three  com- 
missioners to  hold  their  oflSce  for  four  years  and  two  for  two  years  from 
the  first  Monday  in  January,  1913,  in  counties  having  five  commissioner 
districts ;  two  commissioners  to  hold  their  oflSce  for  four  years  and  one 
for  two  years  from  the  first  Monday  in  January,  1913,  in  counties  having 
three  commissioner  districts.  (1913,  ch.  123;  R.  C.  1905,  §  2390;  R.  C. 
1899,  §  1896:  1901,  ch.  52,  §3:  1903,  ch.  74,  §  1;  Ch.  21,  §  16,  Pol.  C.  1877.) 

Is   not   violative   of. the  constitution  of   this    state.     O'Laughlin   v.    Carlson, 
30  N.   D.  213,  152  N.  W.  675. 


234  STATE  OF  NORTH  DAKOTA 


§  3280.  BOARD  TO  SUBMIT  EXTRAORDINARY  OUTLAY  TO 
VOTE.  It  shall  submit  to  the  people  of  the  county  at  any  regular  or 
special  election  any  question  involving  an  extraordinary  outlay  of  money 
by  the  county  or  any  expenditure  greater  in  amount  than  can  be  provided 
for  by  the  annual  tax,  or  the  construction  of  any  court  house,  jail  or 
other  public  building  by  establishing  a  building  fund  to  aid  in  the  con- 
struction of  the  same,  when  the  board  shall  consider  the  permanent 
buildings  of  the  county,  aforesaid,  inadequate  for  the  needs  of  its  busi- 
ness and  that  it  is  not  to  the  best  interests  of  the  county  to  issue  bonds 
to  aid  in  such  construction  or  for  the  construction  of  such  buildings  by  any 
other  procedure  as  is,  or  may  be  provided  by  law,  or  whether  it  will  aid 
in  constructing  or  construct  any  highway  or  bridge.  ( 1900.  ch.  67,  §  1 ;  R. 
C.  1905,  §  2405;  R.  C.  1895,  §  1911.) 

See  Boettcher  v.  McDowall,   N.  D 174  N.   W.  759. 

Resolution    as    to    issuing    courthouse    bonds    should    specify    amount    to     b*» 
voted  upon.     Territory  v.    Steele,   4  D.   78,  23  N.   W.   91. 

§  3281.  EXTRAORDINARY  EXPENDITURES  AUTHORIZED  BY 
VOTE.  If  the  county  commissioners  deem  any  expenditure  necessary 
greater  in  amount  than  can  be  provided  for  by  the  annual  tax,  they  shall 
require  a  vote  of  the  county  thereon,  either  at  a  general  election,  or  one 
called  especially  for  the  purpose.  In  either  case  four  weeks'  notice  of 
said  election  shall  be  given  in  the  oflEicial  newspapers  of  the  county,  and 
the  notice  shall  specify  the  amount  to  be  raised,  and  the  precise  purpose 
for  which  it  is  to  be  expended ;  and  if  a  majority  of  the  votes  cast  author- 
ize the  tax,  the  county  commissioners  shall  authorize  the  same  to  be 
levied  and  collected  in  the  same  manner  as  the  annual  tax,  and  if  possible, 
at  the  same  time,  provided,  however,  that  no  new  assessment  shall  be 
made  for  any  special  tax;  provided,  further,  that  whenever  in  the 
opinion  of  the  board  of  county  commissioners  of  any  county,  or  a  ma- 
jority thereof,  it  shall  be  deemed  for  the  best  interests  of  said  county 
that  any  land  adjoining  the  court  house  is,  or  shall  thereafter  be  neces- 
sary for  the  enlargement  of  said  court  house,  or  the  county  jail  of  said 
county,  or  for  the  purpose  of  beautifying  such  county  buildings,  or  for 
the  prevention  of  other  buildings  in  such  close  proximity  to  said  court 
house  and  jail  that  the  transaction  of  public  business  would  be  thereby 
discommoded  or  rendered  inconvenient,  then  said  board  of  county  com- 
missioners, or  a  majority  thereof,  shall  have  power  and  authority  and 
they  are  hereby  vested  with  such  power  and  authority,  to  purchase  such 
land  so  adjoining  said  court  house,  without  submitting  such  question 
to  a  vote  of  the  people,  and  the  money  required  for  the  purpose  of  such 
additional  land  hereinbefore  provided  for  shall  be  raised  as  provided  for 
the  raising  of  funds  for  general  county  purposes.  ( R.  C.  1905,  §  2306 ;  R.  C. 
1899,  §  1311;  1901,  ch.  73.) 


ELECTION  LAWS  OF  NORTH  DAKOTA  235 

Residents,  citizens  and  taxpayers  of  county  have  such  interest  as  entitles 
them  to  maintain  action  to  enjoin  carrying  out,  by  officials,  of  an  unlawful  con- 
tract for  erection  of  court  house.  McKinnin  v.  Robinson,  24  N.  D.  367,  139  N. 
W.  580. 

See  Mountrail  County  v.  Wilson,  27  N.  D.  287,  146  N.  W.  531. 

§  3282.  MODE  OF  SUBMITTING  PROPOSITIONS.  The  mode  of 
submitting  questions  to  the  people  contemplated  by  the  last  two  sections 
shall  be  the  following:  The  whole  question,  including  the  sum  desired 
to  be  raised  and  the  amount  of  the  tax  desired  to  be  levied  or  the  rate 
per  annum  and  the  years  in  which  said  tax  is  to  be  levied,  shall  be  pub- 
lished for  at  lieast  four  weeks  in  the  oflScial  newspapers  of  the  county. 
If  there  are  no  such  newspapers  the  publication  shall  be  made  by  posting 
in  at  least  one  of  the  most  public  places  in  each  election  precinct  in 
the  county ;  and  in  all  cases  the  notices  shall  name  the  time  when 
such  questions  shall  be  voted  upon  and  the  form  in  which  the  question 
will  be  submitted ;  and  a  copy  of  the  question  submitted  shall  be 
posted  at  each  voting  place  during  the  day  of  election.  (1909,  ch.  67, 
§  2;  R.  C.  1905,  §  2407;  R.  C.  1895,  §  1912.) 

§  3283.  PROPOSITION  TO  TAX  MUST  ACCOMPANY  QUESTION 
SUBMITTED.  When  the  question  submitted  involves  the  establishment 
of  a  building  fund  for  the  construction  of  buildings,  or  the  borrowing 
or  expenditure  of  money,  such  proposition  must  be  accompanied  by  a 
proposition  to  levy  a  tax  for  the  provision  or  payment  thereof,  in  addi- 
tion to  the  usual  taxes  required  to  be  levied;  and  no  vote  adopting 
the  question  shall  be  valid  unless  it  likewise  adopts  the  amount  of  tax 
to  be  levied  to  meet  the  appropriation  or  liability  incurred.  (1909,  ch. 
67,  §  3;  R.  C.  1905,  §  2408;  R.  C.  1895,  §  1913.) 

§    3284.      TAX    NOT    TO    EXCEED    THREE    MILLS    ANNUALLY. 

The  rate  of  tax  levied  in  pursuance  hereof  shall  in  no  case  exceed  three 
mills  on  the  dollar  on  the  assessed  valuation  of  the  county  in  any 
one  year.  When  the  object  is  to  establish  a  building  fund  to  aid 
in  the  erection  of  public  building  the  rate  shall  be  such  as  to  raise 
the  fund  within  six  years ;  provided,  that  the  total  sum  to  be  so  raised, 
including  the  then  existing  indebtedness  of  the  county,  shall  not  ex- 
ceed five  per  cent  of  its  valuation  according  to  the  last  assessment  thereof. 
When  the  object  is  to  borrow  money  to  aid  in  the  erection  of  public 
buildings  the  rate  shall  be  such  as  to  pay  the  debt  in  ten  years.  When 
the  object  is  to  construct  or  aid  in  constructing  any  road  or  bridge 
the  annual  tax  shall  not  exceed  one  mill  on  the  dollar  of  the  valuation, 
and  any  special  tax  or  taxes  levied  in  pursuance  of  this  article,  after 
becoming  delinquent,  shall  draw  the  same  rate  of  interest  as  ordinary 
taxes  levied  in  pursuance  of  law.  (1909,  ch.  67,  §  4;  R.  C.  1905,  §  2409; 
R.  C.  1899,  §  1914.) 

§  3285.  RECORD  OF  VOTE.  BOARD  CANNOT  RESCIND.  Such 
commissioners    upon   being   satisfied    that   the   above   requirements    have 


236  STATE  OF  NORTH  DAKOTA  j 

I 
been  substantially  complied  with  and  that  a  majority  of  the  votes  1 
cast  are  in  favor  of  the  proposition  submitted,  shall  cause  the  same  | 
to  be  entered  at  large  upon  the  book  containing  a  record  of  their  pro- 1 
ceedings,  and  they  shall  then  have  power  to  levy  and  collect  the  spe- 
cial tax  in  th/B  same  manner  that  the  other  county  taxes  are  collected, , 
Propositions  thus  acted  upon  cannot  be  rescinded  by  the  board.  (R.  C,  j 
1905,  §  2410;  R.  C.  1899,  §  1915.)  ' 

COUNTY  AUDITOR.  I 

i 

§    3374.      ELECTION    DUTIES.      He    shall    perform    all    the    duties  I 
required    of    him    by    law    relative    to    the    making    out    and    delivering 
notices   of  general   and   special   elections,   making   abstracts   of   and   can- 
vassing the  votes  cast  at  any  such  election,  issuing  certificates  of  elec- 
tion  and   forwarding   the   abstracts    of   votes   cast   at   such   elections   tc  i 
the  secretary  of  state ;  and  whenever  the  county  commissioners  for  any  j 
cause  shall  fail  or  refuse   to   call   special   elections,   the   county   auditor  j 
shall    have    authority    to   provide   for    and    call    any   such    election    upon  ( 
the  petition  of  a  majority  of  the  legal  voters  of  the  county,  to  be  de-  , 
termined  by  the  poll  lists  of  the  preceding  general  election.     (R.  C.  1905^  i 
§  2492;  1881,  ch.  73,  §  1 ;  R.  C.  1895,  §  1977.)  i 

STATE'S  ATTORNEY.  i 

! 

§  3376.  *****  Xor  shall  any  state's  attorney  be  eligible  to  or  J 
hold  any  judicial  office  whatever  except  United  States  Commissioner,  J 
*  *  *  *  *   (1915,  Ch.  248.)  ' 

i 

CLERK  OF  DISTRICT  COURT.  \ 

§  3387.  DUTIES  OF.  The  Clerk  of  the  district  court  shall  per-  ^ 
form  the  following  duties  :  | 

************  I 

6.  Keep  two  books,  in  one  of  which  must  be  entered  in  alphabet-  ' 
ical  order  the  names  of  all  persons  who  from  the  organization  of  the*  j 
court  have  declared,  or  who  may  hereafter  declare  their  intention  to ! 
become  citizens  of  the  United  States,  and  the  date  of  such  declaration.  \ 
which  book  must  be  labeled  "declaration  of  intention  to  become  citizens  | 
of  the  United  States,"  and  in  the  other  of  which  must  be  entered  in  ; 
alphabetical  order  the  names  of  all  persons  who  have  been  or  may  be  i 
hereafter  admitted  citizens  of  the  United  St.ites  by  the  court  of  which  j 
he  is  clerk,  which  book  must  be  labeled  "naturalization,  final  papers."  ; 
and  enter  in  a  separate  column,  opposite  each  name,  the  country  of  ' 
which  such  person  was  before  a  citizen  or  subject,  the  date  of  his  ad-  ) 
mission  and  the  page  of  the  minute  book  or  book  of  record  containing  J 
the  order  admitting  him  a  citizen.  j 

■    I 


ELECTION  LAWS  OF  NORTH  DAKOTA  237 

§  3425.  COUNTY  SURVEYOR  ELECTED.  BOND.  There  shall 
be  elected  at  the  general  election  of  each  organized  county  in  the  state 
for  the  term  of  two  years  a  county  surveyor,  who  shall  give  bonA  to 
the  people  of  this  state  in  the  penal  sum  of  not  to  exceed  two  thousand 
dollars,  the  amount  to  be  fixed  by  the  board  of  county  commissioners, 
either  with  two  sureties,  who  must  justify  as  sureties  are  required  to 
justify  in  arrest  and  bail,  or  by  an  indemnity  bond  of  some  reputable 
company  to  be  approved  by  the  board  of  county  commissioners,  the 
same  to  be  filed  with  the  county  auditor  of  the  proper  county,  con- 
ditioned for  the  faithful  and  imperial  discharge  of  the  duties  of  his 
office.     (1907,  ch.  72,  §  1.) 

Duty  to  survey  public  roads  when  directed  by  county  commissioner.     Van 
Antwerp  v.  DeU  Rapids  Twp.,  3  S.  D.  305,  S3  N.  W.  82. 

§  343S.  PUBLIC  ADMINISTRATOR.  CREATION.  There  is  here- 
by established  and  created  in  every  organized  coimty  in  this  state  the 
office  of  public  administrator.      (R.  C.  1905,  §  2545;  1903,  ch.  140,  §  1.) 

§  3439.  ELECTION.  TERM  AND  QUALIFICATIONS.  Every  or- 
ganized county  in  this  state  shall  elect  a  public  administrator  at  the 
general  election  in  1904,  and  every  four  years  thereafter,  who  shall  be 
ex-officio  public  guardian  in  and  for  his  county,  and  shall  hold  his 
office  four  years  and  until  his  successor  is  elected,  or  appointed  and 
qualified.  The  term  of  office  of  such  officer  shall  commence  on  the  first 
day  of  January  following  his  election.  He  shall  be  an  elector  in  the 
county  where  elected  or  appointed.  (R.  C.  1905,  §  2546;  1903,  ch. 
140,  §  2.) 

§  3440.  OATH.  BOND  AND  CERTIFICATE  OF  ELECTION.  Be- 
fore entering  upon  the  duties  of  his  office  he  shall  file  his  oath,  certificate 
of  election  and  bond  with  the  judge  of  the  coimty  court,  which  bond, 
oath  and  certificate  shall  be  recorded  at  length  in  the  record  book  of 
said  court.  Said  bond  shall  run  to  the  state  of  North  Dakota  for  the 
benefit  of  the  parties  damaged  by  breach  of  the  condition  thereof,  and 
shall  be  in  a  sum  of  not  less  than  ten  thousand  dollars,  with  sufficient 
sureties  justifying  and  conditioned  that  he  will: 

1.  Faithfully  discharge  all  the  duties  of  his  office. 

2.  Account  annually  to  the  judge  of  the  county  court  for  all  estates 
and  property  under  his  official  control  and  care,  or  whenever  required 
so  to  do  by  the  said  judge. 

3.  Turn  over  to  his  successor  in  office  all  property  and  estates  in 
his  official  care  and  control,  and  truly  account  for  the  same. 

4.  Turn  over  all  property  and  estates  in  his  official  care  and  con- 
trol to  any  other  administrator,  executor  or  guardian  designated  by  the 
judge  of  the  county  court,  and  truly  accoimt  for  the  same. 

5.  Perform  such  other  acts  and  duties  properly  relating  to  his  office, 
as  may  be  ordered  by  the  county  judge. 


238  STATE  OF  NORTH  DAKOTA 


Which  bond  shall  be  approved  and  indorsed  as  provided  for  admin-  ' 

istrators  and  executors;  and  it  shall  be   the  duty  of  the  judge  of  the  ' 

county   court  to  require  the  public   administrator   to  make   a   statement  ; 

annually,  under  oath,  of  the  amount  of  property  in  his  hands  or  under  ' 

his   control  as  such  administrator,   for   the   purpose   ojf  ascertaining   the  i 

amount  of  bond  necessary  to  secure  such  property,   and  the  court  may  J 

from  time  to  time,  as  occasion  shall  require,  demand  additional  security  ■ 

of  such  administrator,  and  in  default  of  giving  the  same  within  twenty  \ 

days   of   such   demand,    may   remove   the   public   administrator    and    aj)-  ; 

point  another.      (R.  C.  1905,   §  2547;  1903,  ch.  140,   §   3.)  | 

ARTICLE    23.-HBONDS    FOR   COUNTY   BUILDINGS. 

§   3459.     ELECTION   FOR  BONDS.     Whenever   in   the  judgment   of  [ 

a  majority  of  the  board  of  county  commissioners  in  any   county  which  ■ 

comes   under  the  provisions  of   this  subdivision   such   county  has   insuf-  ; 

ficlent  or  inadequate    buildings     for  its  use  for  court  house  or  jail,  or  \ 

both,  such  board  may  order  an  election  for  the  purpose  of  determining  i 

by   a   vote  of   the   electors   of   such   county    the   question   of   issuing   its  ; 
bonds  for  the  purpose  of  the  erection  of  a  court  house  or  jail,  or  both,  as 

by  this  subdivision  provided,  including  the  purchase  of  a  site  for  such  j 

court  house  and  jail,  or  both,  at  such  county  seat,  if  none  is  provided.  I 

Such  election  shall  be  held  in  the  manner  and  upon  the  notice  prescribed  ; 

by  law  for  other  elections,  but  the  published  and  posted  notices  of  such  ' 

election  shall   state   its   object,   the  amount  of   bonds   to   be   issued,    the  \ 

denominations  of  such  bonds,  the  length  of  time  for  which  they  shall  \ 

run   and   the   rate   of   interest   which    they   shall   bear,    and    the   ballots  j 
shall    have    printed    or    written,    or    partly    printed    and    partly    written 

thereon  "for  issue  of  bonds"  or  "against  issue  of  bonds"  and  if  a  majority  ! 

of  the  ballots  so  cast  shall  be  for  the  issue  of  bonds,  then  the  county;  j 

commissioners  shall  issue  and  dispose  of  said  bonds  as  provided  by  this  ' 

subdivision,  and  erect  a  court  house  or  jail,  or  both,  for  the  use  of  such  i 

county  according   to   the  provisions   hereof.      (R.   C.   1905,    §   2565;    1889,  ■ 

ch.  42,  §  3;  R.  C.  1899,  §  2045.)  j 

As  to  sufficiency   of  notice  of  election  on  issuance  of  bonds.     Territory  v.  ! 

Steele,  4  Dak.  78,  23  N.   W.  91;   Hughes  v.   Pierce  County,   18  N.   D.   474,  122  I 

N.  W.  799.  I 

On    what    basis    majority    essential    to    adoption    of    proposition    for    issuing  J 

municipal  bonds  is  to  be  computed.     22  L.  R.  A.  (N.  S.)  478.  i 

COUNTY  AUDITORS. 

§   3505.     TERM    OF   OFFICE   COMMENCES   WHEN.     The   term   of  i 

ofiSce   of   the   county   auditor   shall    commence    on    the    first    Monday    in  j 

April  next  succeeding  his  election.      (R.   C.   1905,   §  2591;   1897,  ch.  43;  j 

R.  C.  1899,  §  2072a ;  1903,  ch.  72.)  ' 


ELECTION   LAWS  OF  NORTH   DAKOTA  239 


ARTICLE  1.— ORGAMZATION  OF  CITIES. 

§  3552.  CITIES  INCORPORATED,  HOW.  Any  city  in  this  state, 
and  any  incorporated  town  or  village  therein,  having  a  population  of 
not  less  than  two  hundred  inhabitants,  may  become  incorporated,  under 
this  chapter,  as  a  city  in  the  manner  following :  Whenever  one-tenth 
of  the  legal  voters  of  such  city,  or  one-fifth  of  the  legal  voters  of  such 
incoriKjrated  town  or  village,  voting  at  the  last  preceding  general  elec- 
tion shall  petition  the  mayor  and  council  of  such  city,  or  the  president 
and  trustees  of  such  incorporated  town  or  village,  to  submit  the  ques- 
tion as  to  whether  such  city,  incorporated  town  or  village,  shall  be- 
come incorporated  under  this  chapter,  to  a  vote  of  the  electors  in  such 
city,  town  or  village,  it  shall  be  the  duty  of  such  mayor  and  council 
of  such  city,  or  president  and  trustees  of  such  incorporated  town  or 
village,  to  submit  such  question  accordingly,  and  to  appoint  a  time  and 
place  or  places  at  which  such  vote  may  be  taken,  and  to  designate  the 
persons  who  shall  act  as  judges  and  clerks  at  such  election;  but  such 
question  shall  not  be  submitted  oftener  than  once  in  four  years.  (1921, 
Ch.  31;  R.  C.  1905,  §  2632;  1887,  ch.  73,  art.  1,  §  1 ;  R.  C.  1899,  §  2108; 
1905,  ch.  62,  §  1.) 

Special  charter  of  city  failing  to  organize  under  this  chapter  not  repealed. 
Tripp  V.  City  of  Yankton,  10  S.  D.   516,  74  N.  W.  447 

City  incorporated  tinder  special  charter,  which  organizes  under  general  act, 
governed  by  general  school  law;  any  special  act  providing  for  board  of  educa- 
tion ceases  to  be  in  force.     State  v.  Power,  5  S.  D.  627,  59  N.  W.  1090. 

§  3553.  NOTICE  OF  ELECTION.  The  mayor  of  such  city  and 
president  of  such  incori)orated  town  or  village  shall  give  at  least  twenty- 
days'  notice  of  such  election  by  publishing  a  notice  thereof  in  one  or 
more  newspapers  within  such  city,  incorporated  town  or  village,  but 
if  no  neswpaper  is  published  therein,  then  by  posting  at  least  five  copies 
of  such  notice  in  each  ward  or  voting  precinct  of  such  city,  town  m 
village,  if  divided  into  wards  and  precincts ;  if  not,  then .  within  such 
city,  town  or  village.  (R.  C.  1905,  §  2633;  1887,  ch.  73,  art.  1,  §  2 ; 
R.  C.  1899,  §  2109;  1905,  ch.  62,  §  2.) 

§  3554.  FORM  OF  BALLOTS.  The  ballots  to  be  used  at  such  elec- 
tion shall  be  in  the  following  form : 

"For  city  organization  under  general  law,  I     I' 

The  electors  to  designate  their  choice  by  inserting  the  words  "yes"  or 
"no"  within  such  square.  The  judges  of  such  election  shall  make  re- 
turns thereof  to  the  city  council  of  such  city,  or  trustees  of  such  incor- 
porated town  or  village,  whose  duty  it  shall  be  to  canvass  such  returns, 
and  cause  the  result  of  such  canvass  to  be  entered  upon  the  records 
of  such  city,  town  or  village.     If  a  majority  of  the  votes  cast  at  such 


im  STATE  OF  NORTH  DAKOTA 

election  shall  be  for  city  organization  under  general  law,  such  city 
shall  thenceforth  be  deemed  to  be  organized  under  this  chapter;  and 
the  city,  viUage  or  town  officers  then  in  office,  shall  thereupon  exercise 
the  powers  conferred  upon  like  officials  by  this  chapter,  until  their  suc- 
cessors shall  be  elected  and  qualified.  (R.  C.  1905,  §  2634;  1887,  ch.  73, 
art.  1,  §  3;  R.  C.  1899,  §  2110;  1905,  ch.  62,   §  3.) 

Upon  what  basis  majority  essential  to  adoption  of  constitutional  or  other 
special  proposition  submitted  at  general  election  is  to  be  computed.  22  L.  R.  A. 
(N.  S.)  478. 

§  3556.  ORGANIZATION  OF  UNORGANIZED  TERRITORY. 
Whenever  any  area  of  contiguous  territory  in  this  state  not  exceeding 
four  square  miles  shall  have  residing  thereon  a  population  of  not  less 
than  five  hundred  inhabitants,  which  shall  not  already  be  included  within 
any  incorporated  town  or  city,  the  same  may  become  incorporated  as  a 
city  in  manner  following:  Any  fifty  legal  voters  thereof  may  file  in 
the  office  of  the  county  auditor  of  the  county  in  which  such  inhabitants 
reside  a  petition  addressed  to  the  board  of  commissioners  of  such  county, 
and  if  the  territory  described  in  said  petition  shall  be  in  more  than 
one  county,  then  the  petition  shall  be  addressed  to  the  board  of  commis- 
sioners of  the  county  where  the  greater  part  of  such  territory  is  situated, 
which  petition  shall  define  the  boundaries  of  such  proposed  city,  and  state  the 
number  of  inhabitants  residing  within  such  limits,  and  also  state  the  name  of 
such  proposed  city,  and  shall  contain  a  prayer  that  the  question  be  submitted 
to  the  legal  voters  residing  within  such  limits,  whether  they  will  or- 
ganize as  a  city  under  this  chapter.  It  shall  be  the  duty  of  the  board 
to  fix  a  time  and  place,  within  the  boundaries  of  such  proposed  city, 
at  which  an  election  may  be  held  to  determine  such  question;  and  such 
commissioners  shall  name  the  persons  to  act  as  judges  in  holding  such 
election,  and  shall  give  notice  thereof  by  causing  ten  notices  to  be  posted 
in  public  places  within  such  proposed  city,  and  section  3554  shall  be 
applicable  to  such  election ;  provided,  that  the  returns  of  such  election 
shall  be  made  to,  and  canvassed  by,  the  board  of  county  commissioners 
instead  of  the  city  council,  and  the  result  of  such  ejection  shall  be  entered 
upon  the  records  of  such  board  of  county  commissioners.  If  a  majority 
of  the  votes  cast  at  such  election  shall  be  "for  city  organization  imder 
general  law,"  the  inhabitants  of  such  territory  described  in  such  petition 
§hall  be  deemed  to  be  incorporated  as  a  city  under  this  chapter,  and 
with  the  name  stated  in  the  petition.  (R.  C.  1905,  §  2635;  1905,  ch. 
62,  §  4.) 

See  sections  3S64a-3564e. 

Does  not  empower  county  commissioners  to  require  submission  of  question 
of  sale  of  liquor  within  city  limits.  State  ex  rel.  Cook  v.  Tripp  County,  29 
S.  D.  358,  137  N.  W.  554. 

§  3557.  DUTY  OF  MAYOR  AND  COUNCIL  ON  CHANGE  OF  OR- 
<xANIZATION.     It  shall  be  the  duty  of  the  mayor  and  city  council  of 


ELECTION   LAWS   OF  NORTH   DAKOTA  241 

any  city,  or  the  president  and  board  of  trustees  of  any  town  or  village, 
which  shall  have  voted  to  change  its  organization  to  a  city  under  this 
chapter,  to  call  and  give  notice  of  an  election  to  elect  city  oflSicers  and 
designate  the  time  and  places  of  holding  the  same.  Such  notice  shall 
be  published  in  a  newspaper  if  there  is  one  within  the  town  or  village, 
or  if  not,  then  posted  in  ten  public  places  therein  for  at  least  twenty 
days  before  such  election.  The  mayor  and  city  council,  or  president  and 
trustees,  as  the  case  may  be,  shall  appoint  the  judges  and  clerks  to  hold 
such  election,  canvass  the  returns  thereof,  and  cause  the  result  to  be 
entered  upon  the  records  of  the  city,  town  or  village;  and  the  provisions 
of  this  chapter  relative  to  the  election  of  city  officers  shall  be  applicable 
thereto;  but  at  such  election  aldermen  may  be  elected  on  a  general 
ticket;  provided,  however,  in  case  of  cities  organizing  under  section  3556. 
the  county  commissioners  shall  call  and  give  notice  of  the  election  and 
perform  the  same  duties  relative  thereto,  as  is  above  required  to  be 
performed  by  the  mayor  and  city  council  or  president  and  trustees  of 
such  cities,  towns  and  villages.  (R.  C.  1905,  §  2636;  1905,  ch.  62,  §  5.) 
§  3558.  TERM  OF  OFFICERS.  The  city  officers  elected  under 
either  of  the  preceding  sections  shall  hold  their  respective  offices  imtil 
the  succeeding  regular  election  for  such  offices  respectively,  and  until  their 
successors  are  elected  as  provided  in  this  chapter.  (R.  C.  1905,  §  2637; 
1905,  ch.  62,  §  6.) 

ARTICLE  3.— THE  MAYOR. 

§  3565.  MAYOR.  The  chief  executive  officer  of  the  city  is  the  mayor, 
w^ho  shall  be  a  qualified  elector  within  the  city,  and  who  shall  hold 
his  office  for  two  years  and  until  his  successor  is  elected  and  qualified. 
(R.  C.  1905,  §  2644;  1887,  ch.  73,  art.  2,  §  1 ;  R.  C.  1899,  §  2116;  1905, 
ch.  62,  §  13.) 

See  Nelson  v.  Gass,  27  N.  D.  364,  146  N.  W.  537. 

^  3566.  VACANCY.  Whenever  a  vacancy  occurs  in  the  office  of 
mayor  and  the  unexpired  term  is  one  year  or  more  from  the  date  such 
vacancy  occurs,  it  shall  be  filled  by  an  election.  (R.  C.  1905,  §  2645; 
1887.  ch.  73,  art.  2,  §  2 ;  R.  C.  1899,  §  2117;  1905,  ch.  62,  §  14.) 

§  3567.  VACANCY.  If  the  vacancy  is  less  than  one  year  the  city 
council  shall  elect  one  of  its  number  to  act  as  mayor,  who  shall  possess 
all  the  rights  and  powers  of  the  mayor  until  the  next  annual  election 
and  until  a  mayor  is  elected  and  qualified.  (R.  C.  1905,  §  2646;  1887, 
ch.  73,  art.  2,  §  3 ;  R.  C.  1899,  §  2118;  1905,  ch.  62.  §  15.) 
See  Opinions  of  the  Attorney  General,  No,  88. 

ARTICLE  4— CITY  COUNCIL. 

S  3581.  CITY  COUNCIL.  The  city  council  shall  be  composed  of  the 
mayor  and  aldermen.  (R.  C.  1905,  §  2660:  1887,  ch.  73.  art.  3,  §  1 ; 
li.  C.  1899,  §  21.32;  1905,  ch.  62,  §  29.) 


242  STAT  S   OF  NORTH    DAKOTA 


§  3582.  NUMBER  OF  ALDERMEN.  The  number  of  aldermen  shall 
be  as  follows :  In  cities  of  six  hundred  inhabitants  or  less,  four  alder- 
men who  shall  be  elected  at  large;  exceeding  six  hundred  but  not  ex- 
ceeding two  thousand  inhabitants,  six  aldermen;  exceeding  two  thou- 
sand but  not  exceeding  four  thousand,  eight  aldermen ;  exceeding  four 
thousand  but  not  exceeding  ten  thousand,  twelve  aldermen ;  exceeding 
ten  thousand  but  not  exceeding  fifteen  thousand,  fourteen;  and  two  ad- 
ditional aldermen  for  each  ten  thousand  inhabitants  over  fifteen  thousand ; 
provided,  that  in  cities  of  over  one  hundred  thousand  inhabitants  there 
shall  be  elected  thirty-six  aldermen  and  no  more,  the  population  to  be 
determined  by  the  last  census;  provided,  however,  if  an  official  census 
has  been  taken  by  the  federal  government  within  one  year  it  shall  govern. 
(R.  C.  1905,  §  2661;  1897,  ch.  40,  §  1 :  R.  C.  1899.  §  213:^;  1905,  cli.  62, 
§  30.) 

§  3583.  TERM  OF  OFFICE.  Aldermen  shaU  hold  their  office  for 
two  years  and  until  their  successors  are  elected  and  qualified.  (R.  C. 
1905,  §  2663;  1887,  ch.  73,  art.  3,  §  3:  R.  C.  1899,  §  2134;  1905,  ch.  62, 
§  31.) 

§  3584.  VACANCIES.  If  a  vacancy  occurs  in  the  office  of  alder- 
man by  death,  resignation  or  otherwise,  within  six  months  prior  to  the 
next  city  election,  the  board  of  aldermen  shall  appoint  a  person  to  fill 
such  vacancy  from  the  ward  from  which  the  alderman  previously  holding 
was  elected  or  appointed;  if  earlier  then  such  vacancy  shall  be  filled 
by  election.  (R.  C.  1905,  §  2663;  1887,  ch.  73,  art.  3,  §  4;  R.  C.  1899^ 
§  2135;  1905,  ch.  62,  §  32.) 

Power  of  common  council  to  expel  members.    63  Am.  Dec  773. 

§  3585.  QUALIFICATIONS.  No  person  shall  be  eligible  to  the  office 
of  alderman  who  is  not  a  qualified  elector  of  and  resident  within  the 
ward  from  which  he  is  elected;  provided,  that  in  cities  where  aldermen 
are  elected  at  large,  he  ^hall  be  a  qualified  elector  of  and  resident 
within  such  city,  nor  shall  he  be  eligible  if  he  is  in  arrears  in  the  pay- 
ment of  any  tax  or  other  liability  due  to  the  city,  nor  shall  he  be 
eligible  if  he  is  directly  or  indirectly  interested  in  any  contract  whatever 
to  which  the  city  is  a  party;  nor  shall  he  be  eligible  if  he  shall  have 
been  convicted  of  malfeasance,  bribery  or  other  corrupt  practice  or  crimes ; 
nor  shall  he  be  eligible  to  any  office,  the  salary  of  which  is  payable 
out  of  the  city  treasury,  if  at  the  time  of  his  api)ointment  he  shall  be 
a  member  of  city  council;  nor  shall  any  member  of  the  city  council  {it 
the  same  time  hold  any  other  office  under  the  city  government;  nor 
shall  he  either  directly  or  indirectly,  individually,  or  as  a  member  of 
a  firm  engage  in  any  business  transaction,  other  than  official,  with  such 
city  through  its  mayor  or  any  of  its  authorized  l)oards,  agents  or  at- 
torneys, whereby  any  money  is  to  be  paid  directly  or  indirectly  out  of 


ELECTION   LAW§  OF  NORTH   DAKOTA  24S 

the  treasury  to  such  members  or  firm.     (R.  C.  1905,  §  2664;  1897,  ch.  40^ 
§  2 ;  R.  C.  1899,  §  2136 :  1905,  ch.  62,  §  33.) 

Constitutionality  of  statute  making  residence  within  the  district  a  qualifica- 
tion of  a  public  officer.    32  L.  R.  A.  (N.  S.)  835. 

§  3586.  COUNCIL  JUDGE  OF  ELECTION  AND  QUALIFICATION 
OF  MEMBERS.  The  city  coimcil  shall  be  judge  of  the  election  and 
qualifications  of  its  own  members.  (R.  C.  1905,  §  2665;  1887,  ch.  78.  art  3, 
5  6;  R.  C.  1899,  §  2137:  1905,  ch.  62,  §  34.) 

As  to  similar  provision  in  Starr  &  Curtis  111.  Stat.  35,  see  Hilligoss  v. 
Grinslade,  32  111.  App.  45;  Marshall  v.  People,  40  lU.  App.  102. 

No  jurisdiction  to  try  and  determine  a  contest  over  the  office  of  mayor. 
Nelson  v.  Gass,  27  N.  D.  357,  146  N.  W.  537. 

ARTICLE  5.— POWERS   OF  THE  CITY   COUNCIL. 

§  3599.  GENERAL  POWERS  OF  CITY  COUNCIL.  The  dty  coun- 
cil shall  have  power: 

5.  To  borrow  money  on  the  credits  of  the  corporation  for  corpor- 
ation purposes,  and  to  issue  bonds  therefor,  in  such  amounts  and  form, 
and  on  such  conditions  as  it  shall  prescribe,  but  no  such  city  shall  be- 
come indebted  in  any  manner  or  for  any  purpose  to  an  amount,  including 
existing  indebtedness,  exceeding  five  per  cent  of  the  taxable  property 
therein,  as  determined  by  the  last  preceding  city  assessment;  provided, 
that  any  incorporated  city  may,  by  a  two-thirds  vote  at  any  special  or 
general  election  increase  such  indebtedness  to  an  amount  equal  to  three 
per  cent  of  such  assessed  valuation  beyond  said  five  per  cent  limit  and 
may  issue  bonds  therefor;  provided,  further,  that  any  city,  when  author- 
ized by  a  majority  vote  at  a  general  or  special  election,  may  become 
indebted  in  any  amount  not  exceeding  four  per  cent  of  such  assessed 
value  without  regard  to  the  existing  indebtedness  of  such  city  for  the 
purpose  of  constructing  or  purchasing  water  works  for  the  purpose  of 
furnishing  a  supply  of  water  to  the  inhabitants  of  such  city,  or  for  the 
purpose  of  constructing  sewers,  but  for  no  other  purpose  whatever,  and 
such  city  may  issue  bonds  therefor;  provided,  further,  that  no  bonds 
issued  under  the  provisions  of  this  section  shall  be  sold  for  less  than 
their  par  value,  and  the  city  issuing  such  bonds  shall,  at  or  before  the  time 
of  issuing  the  same  or  incurring  the  indebtedness  for  which  the  same 
are  to  be  issued,  provide  for  the  collection  of  a  direct  annual  tax  suf- 
ficient to  pay  the  interest  on  such  debt  or  such  bonds  when  it  falls  due, 
and  to  pay  and  discharge  the  principal  thereof  when  the  same  becomes 
due,  and  such  provisions  for  the  collection  of  such  animal  tax  shall  be 
irrepealable  until  such  debt  is  paid :  provided,  further,  that  none  of  the 


STATE  OF  NORTH  DAKOTA 


hereinbefore  mentioned  bonds  shall  be  issued  either  for  special  or  gen- 
eral purposes,  except  as  by  law  otherwise  provided,  unless  at  an  election 
after  twenty  days*  notice  in  a  newspaper  published  in  the  city,  stating 
the  purpose  for  which  said  bonds  are  to  be  issued,  and  the  amount 
thereof,  the  legal  voters  of  such  city  shall,  by  a  majority  vote,  determine 
in  favor  of  issuing  such  bonds ;  provided,  further,  that  no  bonds  issued 
under  the  provisions  of  this  chapter  shall  be  issued  for  a  longer  period 
than  twenty  years. 


5.  Bonds  issued  to  fund  debt  of  municipality  not  increase  of  indebtedness. 
Hughes  Co.  V.  Livingston,  104  Fed.  306,  43  C.  C.  A.  541;  Lawrence  Co.  v. 
Jewell,  100  Fed.  905,  41  C.  C.  A.  109;  City  of  Huron  v.  Savings  Bank,  86  Fed. 
272,  30  C.  C.  A.  38. 

Amount  of  bonds  to  be  voted  upon  must  be  stated  in  notice  of  election. 
Stern  v.  Fargo,  18  N.  D.  289,  26  L.  R.  A.   (N.  S.)  66,  122  N.  W.  403. 

"Not  to  exceed  $33,000"  does  not  state  the  amount  definitely.  Kerlin  v. 
Devils  Lake,  25  N.  D.'  236,  141  N.  W.  756. 

See  note  to  section  3459. 

Implied  power  of  municipality  to  borrow  money.     30  Am.  Dec.  190. 

What  is  indebtedness  within  meaning  of  prohibition  against.  44  Am, 
St.  Rep.  229. 

Bonds  of  municipality  and  defenses  thereto.    98  Am.  Dec.  664. 

in  the  hands  of  bona  fide  holders.    51  Am.  St.  Rep.  822. 

ARTICLE    7.— POWERS   AND   DUTIES    OF   OFFICERS. 

§  3610.  ELECTION  OF  OFFICERS.  There  shall  be  elected  in  each 
-city  organized  under  this  chapter  the  following  officers:  A  mayor,  two 
aldermen  from  each  ward,  a  city  treasurer,  a  police  magistrate  and  a 
<iity  justice  of  the  peace;  provided,  that  in  the  cities  of  six  hundred 
inhabitants  or  less  there  shall  be  elected  four  aldermen  at  large;  pro- 
vided, that  at  the  first  election  held  hereafter  in  the  cities  heretofore 
organized  under  this  chapter  in  which  the  number  of  aldermen  is  re- 
duced to  four,  there  shall  be  elected  four  aldermen  who  shall  be  divided 
into  classes  as  provided  in  section  2661.  (R.  C.  1905,  §  2686;  1897,  ch.  40, 
§  2;  R.  C.  1899,  §  2154;  1905,  ch.  62,  §  55.) 

§  3611.  TERM  OF  OFFICE.  The  elective  officers  of  a  city  shall 
hold  their  respective  offices  for  two  years  and  until  their  successors 
are  elected  and  qualified.  (R.  C.  1905,  §  2687;  1887,  ch.  73,  art.  5,  §  2; 
R.  C.  18^9,  §  2155;  1905,  ch.  62,  §  56.) 

§  3615.  OATH.  BOND.  All  officers  of  any  city,  whether  elected  or 
appointed,  shall,  before  entering  upon  the  duties  of  their  respective  of- 
Hces,  take  and  subscribe  the  following  oath  or  affirmation: 

I  do  solemnly  swear  (or  affirm  as  the  case  may  be)  that  I  will 
support   the  constitution    of    the    United    States    and    the   constitution    of 


ELECTION  LAWS  OF  NORTH  DAKOTA  24S 

the  state  of  North  Dakota,  and  that  I  wi'l  faithfully  discharge  the  duties 

of  the  office  of according  to  the  best   of 

my  ability. 

Such  oath  or  affirmation  so  subscribetl  shall  l>e  filed  in  the  office  of 
the  city  auditor ;  and  all  such  officers,  except  the  mayor  and  aldermen, 
shall  before  entering  upon  the  duties  of  their  respective  offices  execute 
a  boud  with  sureties  to  be  approved  by  the  city  council,  payable  to  the 
city,  in  such  penal  sum  as  may  by  resolution  or  ordinance  be  directed,, 
conditioned  for  the  faithful  performanc-e  of  the  duties  of  the  office,  and 
the  payment  of  all  moneys  received  by  such  offic-er  according  to  law  and 
the  ordinances  of  said  city ;  provided,  that  in  no  case  shall  the  treasurer's 
bond  be  fixed  at  a  less  sum  than  the  amount  of  the  estimated  tax  and 
sx)ecial  assessments  for  the  current  year ;  which  bonds  shall  be  filed  with 
the  city  auditor,  except  the  bond  of  the  city  auditor,  which  shall  be 
filed  with  the  city  treasurer.  (R.  C.  1905,  §  2691;  1887,  ch.  73,  art.  Zk 
§  5;  R.  C.  1895,  §  2159;  1905,  eh.  62,  §  60.) 

§  3610.  CERTIFICATE  OF  APPOINTMENT.  DELIVERY  OF 
BOOKS  TO  SUCCESSOR.  All  officers  elected  or  appointed  under  this 
chapter,  except  the  city  auditor,  aldermen  and  mayor,  shall  be  commis- 
sioned by  warrant  under  the  corporate  seal,  signed  by  the  auditor  and 
mayor,  or  president  of  the  city  council ;  the  mayor  shall  issue  a  cer- 
tificate of  cppointment,  under  the  seal  of  the  corporation,  to  the  auditor 
thereof;  and  any  person  having  been  an  officer  of  the  city  shall  within 
five  d.iys  after  notification  and  request,  deliver  to  his  successor  in  office 
all  property,  books  and  effects  of  every  description  in  his  possession.  )te- 
longing  to  the  city  or  appertaining  to  his  office ;  and  upon  his  refusal 
to  do  so  shall  be  liable  for  all  damages  causeil  thereby,  and  to  such 
penalty  as  may  by  ordinance  be  prescribecl.  (R.  C.  1905,  §  2692;  18S7.  ch_ 
73.  i;rt.  5.  §  i\;  R.  C.  1899,  §  2160;  1905,  ch.  62.  §  61.) 

§  3617.  QUALIFICATIONS  OF  OFFICERS.  No  person  shall  be 
eligible  to  election  to  any  office  who  is  not  a  qualified  elector  of  the  city, 
and  who  sh-ill  not  have  resided  there  at  least  nine  months  lust  pre- 
ceding election,  and  no  person  shall  be  eligible  to  hold  any  office  hy 
appointment  luiless  he  is  a  citizen  of  the  United  States;  nor  shall  any 
person  l)e  eligible  to  any  office  who  is  a  defaulter  to  the  corporation. 
(1913,  ch.  76;  R.  C.  1905,  §  2693;  1887,  ch.  73,  art.  5,  §  7 ;  R,  C.  1899, 
§  2161;  1905.  ch.  62,  §  62.) 

Constitutionality  of  statute  making  residence  within  the  district  a  qualifica- 
tion of  a  "public  officer.    32  L.  R.  A.  (N.  S.)  835. 

§  3619.  NOT  TO  HOLD  OTHER  OFFICE.  No  mayor,  alderman. 
city  auditor  or  treasurer  shall  hold  any  other  office  under  the  city  gov- 
ernment during  his  term  of  office.  (R.  C.  1905.  §  2695:  1887,  ch.  73,  art.  5. 
§  9:   R.  C.  1899,  §  2163;   19aj,  ch.  62,   §r»4.  t 


346  STATE  OF  NORTH  DAKOTA 


ARTICLE   16.— ELECTIONS, 

§  3666.  TIME  AND  PLACE  OF  ELECTION.  There  shall  be  an 
annual  election  for  elective  officers  herein  provided,  held  on  the  first 
Monday  in  April  of  each  year,  at  such  place  or  places  in  each  ward 
as  the  council  shall  designate;  except  in  cities  where  aldermen  are  elected 
at  large,  the  council  shall  designate  one  polling  place  only.  The  polls 
shall  be  kept  open  continually  from  eight  o'clock  in  the  forenoon  until 
five  o'clock  in  the  afternoon,  and  no  longer,  and  ten  days'  previous 
notice  shall  be  given  by  the  council  of  the  time  and  place  of  holding 
such  election,  by  publication  in  at  least  two  of  the  city  papers  published 
in  said  city,  if  two  shall  be  published  therein.  (R.  C.  1905,  §  2742;  1897, 
ch.  40,  §  4;  R.  C.  1899,  §  2251;  1905.  ch.  62,  §  109.) 

As  to  the  time  for  all  city  elections  in  presidential  years,  see  the  con- 
cluding sentence  in  section  915. 

See  Kerlin  v.  Devils  Lake,  25  N.  D.  222,  141  N.  W.  756. 
State  ex  rel.  Jackson  v.  Kerkow,  31  S.  D.  495,  141  N.  W.  387. 
See  Opinions  of  the  Attorney   General,   No.   89. 

§  8667.  ELECTION  DISTRICTS  AND  PRECINCTS.  Each  city 
in  which  a'dermen  are  elected  at  large  shall  constitute  an  election  dis- 
trict, and  in  all  other  cities  each  ward  shall  constitute  an  election  dis- 
trict; but  whenever  the  number  of  legal  voters  in  any  ward  shall  exceed 
three  hundred,  the  council  may  by  ordinance  divide  such  ward  into  two 
or  more  precincts  for  voting  purposes,  and  whenever  the  number  of  legal 
voters  in  any  two  or  more  contiguous  wards  shall  not  exceed  one  hun- 
dred as  determined  by  the  last  annual  election,  the  council  may,  by 
ordinance,  consolidate  such  two  or  more  wards  into  one  precinct  for  voting 
purposes;  or  if  the  council  so  elects,  in  any  city  of  less  than  four  hun- 
dred voters  as  determined  by  the  last  annual  election,  the  council  may 
by  ordinance  consolidate  all  the  wards  of  such  city  into  one  precinct 
for  voting  purposes;  provided,  however,  that  in  city  elections  separate 
ballot  boxes  and  poll  books  shall  be  provided  and  kept  for  each  ward; 
provided,  that  such  ordinance  shall  be  passed  and  take  effect  before  the 
time  of  giving  notice  of  an  election ;  and  such  wards  and  precincts  shall 
constitute  election  districts  for  all  state,  county,  city  and  school  elec- 
tions. (1911,  ch.  65;  R.  C.  1905,  §  2743:  1897,  eh.  40.  §  .", :  R.  C\  1899. 
§  22.^)2;  1905,  ch.  62.  §  110.) 

As  to  voting  precincts  within  the  city  of  Bismarck  being  measured  hy  ward 
lines.     State  ex  rel.  Byrne  v.  Wilcox,  11  N.  D.  329,  91  N.  W.  955. 

Election  held  at  one  central  voting  place  instead  of  having  a  place  for  voting 
in  each  ward,  irregular  but  not  void.  Kerlin  v.  Devils  Lake,  25  N.  D.  207, 
141  N.  W.  756. 

§  3668.  QUALIFIED  VOTERS.  REGISTRATOIN.  Every  legal 
voter  of  the  county  in  which  such  city  is  situated,  who  shall  have  been 
a  resident  of  the  city  ninety  days  next  preceding  a  city  election  is  de- 
clared a   citizen  of  said  city,   and   shall  be  entitled   to  vote  at  all  city 


ELECTION   LAWS  OF  NORTH  DAKOTA  247 


elections ;  provided,  that  the  city  council  shall  provide  for  the  registration 
of  all  voters  as  required  by  the  laws  of  the  state  in  all  cities  of  more* 
than  four  hundred  voters  as  determined  by  the  last  annual  election,  and 
in  cities  of  four  hundred  voters  or  less,  the  city  council  may  provide 
for  the  registration  of  all  voters  in  accordance  with  the  laws  of  the  state 
at  one  polling  place,  and  separate  registration  lists  shall  be  provided 
and  kept  for  each  ward,  and  no  person  shall  be  entitled  to  vote  in  any 
other  place  than  the  ward  or  precinct  where  he  resides,  except  where 
otherwise  provided  by  law.  (1901.  ch.  66;  R.  C.  1905,  §  2744;  1887,  ch.  73, 
art.  13,  §  3;  Const.,  §  121;  R.  C.  1899,  §  2253;  1905.  ch.  62,  §  111.) 
Registration  not  required  for  special  city  election.  Kerlin  v.  Devils  Lake, 
25  N.  D.  231,  141  N.  W.  756. 

See  Opinions  of  the  Attorney  General,  No.  90. 

§  3669.  EFFECT  OF  ELECTION.  This  chapter  shall  in  no  case 
affect  the  term  of  oflBce  of  any  oflBcer  heretofore  elected  or  appointed  in 
any  city,  but  all  such  officers  shall  hold  their  offices  during  the  term 
for  which  they  were  originally  elected  or  appointed.  (R.  C.  1905,  §  2745; 
1887.  ch.  73,  art.  13,  §  4;  R.  C.  1899,  §  2254;  1905,  ch.  62,  §  112.) 

§  3670.  OATH  AND  DUTIES  OF  JUDGES  AND  CLERKS  OF 
ELECTION.  The  manner  of  conducting  and  voting  at  elections  to  be 
held  under  this  chapter,  and  contesting  the  same,  the  keeping  of  poll 
lists,  and  canvassing  the  votes,  shall  be  the  same,  as  nearly  as  may  be, 
as  in  the  case  of  the  election  of  coimty  officers  under  the  general  laws 
of  this  state.  The  judges  of  election  shall  appoint  clerks  when  necessary 
to  fill  vacancies,  and  the  judges  and  clerks  shall  take  the  same  oath 
and  have  the  same  powers  and  authority  as  the  judges  and  clerks  of 
general  state  elections.  After  the  closing  of  the  polls  the  ballots  shall 
be  counted,  and  the  returns  made  out,  and  returned  under  seal  to  the 
city  auditor,  within  two  days  after  the  election,  and  thereupon  the  city 
council  shall  examine  and  canvass  the  same,  and  declare  the  result  of 
the  election  and  cause  a  statement  thereof  to  be  entered  on  its  journal. 
(R.  C.  1905,  §  2746;  1887,  ch.  73,  art.  13,  §  5 ;  R.  C.  1899,  §  2255;  1905, 
ch.  62,  §  113.) 

Municipal  elections  shall  be  conducted  in  the  same  manner  as  general  elec- 
tions.    Treat  v.  Morris,  25  S.  D.  615,  127  N.  W.  554. 
See  Nelson  v.  Gass,  27  N.  D.  368,  146  N.  W.  537. 
McCurdy  v.  Lucas,  34  N.  D.  618,  159  N.W.  22. 

I  3671.  WHAT  ELECTS.  TIE,  HOW  DECIDED.  The  person 
having  the  highest  number  of  votes  for  any  office  shall  be  declared 
elected.  In  case  of  a  tie  in  the  election  of  any  city  officer,  it  shall  be 
determined  by  lot,  in  the  presence  of  the  city  council,  in  such  manner 
as  it  shall  direct,  which  candidate  or  candidates  shall  hold  office.  (R.  C. 
1905,  §  2747;  1887,  oh.  73,  art  13.  §  7;  R.  C.  1899,  §  2256;  1905,  ch.  62, 
S  114.) 


248  STATE  OF  NORTH  DAKOTA 


Howser  v.  Pepper,  8  N.  D.  484,  79  N.  W.  1018,  1 

/  Nelson  v.  Gass,  27  N.  D.  351,  146  N.  W.  537.  j 

§   3672.     CITY  AUDITOR  TO   NOTIFY   OFFICERS   ELECTED   OR  ' 

APPOINTED.     It  shall  be  the  duty  of  the  city  auditor,  within  five  days  • 

after  the  result  of  the  election  is  declared  or  appointment  made,  to  notify  [ 

all  persons  elected   or  appointed   to   ofl5ce   of  their  election   or   appoint-^  : 

ment,    and    unless    such    persons    shall    respectively    qualify    within    ten  ] 

days  after  such  notice,  the  oflSce  shall  become  vacant,     (R.  C.  1905,  §  2748:  \ 

1887,  ch.  73,  art.  13,  §  8;  R.  C.  1899,  §  2257;  1905,  ch.  62,  §  115.)  | 

As   to   time   for   qualification   of   officers   elected   in   presidential   years,    see  \ 

the  concluding  sentence  in  section  915.  j 

§  3673.     NEW  ELECTION  ON   FAILURE  TO   QUALIFY.     If  there  I 
is   a  failure   to   elect   an   oflBcer   herein   required    to   be   elected,    or    the 

person  elected  should  fail  to  qualify,  or  for  any  other  cause  that  may  i 
arise,  the  city  council  may  forthwith  order  a  new  election  therefor,  and 

in  all  cases,  when  necessary  for  the  purposes  of  this  chapter,  may  call  | 
special  elections,  canvass  the  returns  thereof,  and  provide  by  ordinance 
for   the   mode  of   conducting  the   same;   and   shall   give   notice   of   such 

special  elections,  in  which  shall  be  stated  the  questions  to  be  voted  upon,  I 

and  cause   such  notices   to  be  published   for   the   same   length   of   time,  | 

and  in  the  same  manner  as  is  required  in  the  case  of  regular  annual  elec-  ' 

tions  in  such  city,  unless  herein  otherwise  provided.     (R.  C.  1905,  §  2749;  , 

1887,  ch.  73,  art.  13,  §  9;  R.  C.  1899,  §  2258;  1905,  ch.  62,  §  116.)  \ 

Registration  not  required  for  special  city  election.     Kerlin  v.   Devils   Lake, 
25  N.  D.  231,  141  N.  W.  756. 

§   3674.     WHEN   TERM    OF   OFFICE   COMMENCES.     The   term    of  j 

each  officer  elected  under  this  chapter  shall  commence  on  the  third  Tues-  '■ 

day  of  April  of  the  year  for  which  he  was  elected.     (R.  C.  1905,  §  2750;:  ' 

1887,  ch.  73,  art.  13,  §  10;  R.  C.  1899,  §  2259;  1905,  ch.  62,  §  117.)  i 

§  3675.     WHEN  OFFICE  DEEMED  VACANT.     Any  officer  removing  j 

from  the  city  or  ward  for  which  he  is  elected,  or  any  officer  who  shall  I 

refuse  or  neglect  for  ten  days   after  notice  of  his  election   or   appoint-  : 

ment  to  enter   upon   the  discharge   of  the  duties   of   his   office,   shall    be  '- 

deemed  to  have  vacated  his  office  and  the  city  council  shall  prowled  to  ' 

fill  the  vacancy  as  herein  prescribed.      (R.  C.  1905,  §  2751  ;  1887,  ch.  73.  ' 

art,  13,  §  11;  R.  C.  1899,  §  2260;  1905,  ch.  62,   §  118.)  ! 

ARTICLE  22.— IMPROVEMENT  OF  ROADS  LEADING  TO  CITIES. 

§  3747,     ROADS  LEADING  TO  CITIES,  HOW  IMPROVED.     When-  j 

ever  ten  per  cent,  of  the  electors,  as  shown  by  the  last  municipal  election,  j 

of  any  city,   shall   petition   the  city   council   to   call   an  election  for    the  j 

purpose  of  raising  money  or  the  issuing  of  bonds  to  repair  or  construct  - 

any  road  or  bridge  within  such  city,  or  approaching  or  leading  thereto,  j 

whether  the  same  is  adjacent  thereto  or  not,  or  to  pay  for  any  bridge-  '■ 


ELECTION   LAWS  OF  NORTH  DAKOTA 


K 


heretofore  constructed  or  built  on  any  such  road  or  highway;  and  if 
such  petition  shall  state  first,  the  purpose  of  raising  such  money  and 
the  object  for  which  the  same  is  to  expended ;  second,  the  amoimt 
thereof,  it  shall  be  the  duty  of  such  city  council  to  call  an  election  in 
said  city  for  the  purpose  of  submitting  to  the  electors  therein  the  question" 
of  raising  the  money  and  the  amount  thereof  as  stated  in  the  petition, 
and  which  election  may  be  called  at  any  regular  or  special  meeting  of 
such  city  council,  and  such  city  council  shall  cause  notice  of  such  elec- 
tion to  be  published  twice  in  the  official  paper  of  the  city,  once  in  each 
week  for  two  consecutive  weeks,  imd  such  election  shall  not  be  held 
imtil  at  least  twenty  days  after  the  first  publication  of  such  notice. 
Such  notice  shall  state : 

1.  The  purpose  of  raising  such  money. 

2.  The  object  for  which  the  same  is  to  be  expended. 

8.     The  n mount  thereof. 

4.  The  amount  thereof  that  shall  be  raised  by  the  issuing  of  bonds 
in  payment  thereof,  or  by  the  customary  and  usual  method  of  raising 
money  by  assessment  and  levy,  as  such  electors  may  designate  on  their 
ballots  at  such  election.     (R.  C.  1905,  §  2819;  1905,  ch.  62,  §  181.)         : 

§  3748.  FUNDS  FOR  IMPROVEMENT,  HOW  RAISED.  If  at  such 
election  a  two-thirds  majority  of  all  the  electors  voting  shall  vote  in 
favor  of  raising  such  sum  of  money,  and  a  majority  of  the  electors  voting 
at  such  election  shall  vote  in  favor  of  raising  such  money  by  the  issuing 
of  bonds  therefor,  then  the  city  council  is  authorized  to  issue  and 
negotiate  the  sale  of  such  bonds  without  any  other  election ;  but  if  a 
two-thirds  majority  of  the  electors  voting  at  such  election  shall  vote  in 
favor  of  raising  such  sum  of  money,  and  a  majority  of  the  electors  voting 
at  said  election  shall  vote  in  favor  of  raising  the  same  by  levy  and 
assessment,  then  the  same  shall  be  raised  by  levy  and  assessment  as  in 
other  cases  provided  by  the  law  governing  cities.  (R.  C.  1905,  §  2820; 
1905,  ch.  62,  §  181.) 

CHAPTER  45. 

COMMISSION  SYSTEM  OF  GOVERNMENT. 

This  chapter  clearly  supersedes  Laws  1907,  ch.  45. 

§  3771.  CITIES  INCORPORATED,  HOW.  Any  city  in  this  state 
and  any  incorporated  town  or  village  therein  having  a  population  of  not 
less  than  five  hundred  inhabitants  may  become  incorporated,  under  this 
Chapter  as  a  city  in  the  manner  following:  Whenever  one-tenth  of  the 
legal  voters  of  such  city,  or  one-tenth  of  the  legal  voters  of  such  incor- 
porated   town   or   vilh'ge,   voting  at   the   last   preceding   general   election. 


259  STATE  OF  NORTH  DAKOTA 

shall  petition  the  mayor  and  council  of  such  city,  or  the  president  and 
trustees  of  such  incorporated  town  or  village,  to  submit  the  question  as 
to  whether  such  city,  incorporated  town  or  village  shall  become  incorpor- 
ated under  this  Chapter,  to  a  vote  of  the  electors  in  such  city,  town 
or  village,  it  shall  be  the  duty  of  such  mayor  and  council  of  such  city, 
or  the  president  and  trustees  of  such  incorporated  town  or  village  to 
forthwith  submit  such  question  accordingly,  and  to  appoint  a  time  and 
place  or  places,  at  which  such  vote  may  be  taken,  and  to  designate  the 
persons  who  shall  act  as  judges  and  clerks  at  such  election ;  but  such 
question  shall  not  be  submitted  hereafter,  oftener  than  once  in  four 
years.  Provided,  that  cities,  towns  or  villages  in  this  state  which  have 
heretofore  voted  upon  and  rejected  the  commission  system  of  government, 
shall  not  again  vote  upon  the  question  within  a  period  of  one  year  after 
such  rejection.  (1915,  ch.  66;  1913,  ch.  72;  1911,  ch.  77,  §  1;  1907, 
ch.  45,  §  1.) 

Constitutionality  of  commission  form  of  government-     35   L.   R.  A.   (N.   S.) 
802;  41  L.  R.  A.  (N.  S.)  111. 

See  State  ex  rel.  Scott  v.  Burnside,  32  S.  D.  295,  142  N.  W.  1128. 

§  3772.  NOTICE  OF  ELECTION.  The  mayor  of  such  city  or 
president  of  such  incorporated  town  or  village  shall  give  at  least  twenty 
days'  notice  of  such  election  by  publishing  a  notice  thereof  in  one  or 
more  newspapers  within  such  city,  incorporated  town  or  village,  but  if 
no  newspaper  is  published  therein,  then  by  posting  at  least  five  copies 
of  such  notice  in  each  ward  or  voting  precinct  of  such  city,  town  or 
village,  if  divided  into  wards  and  precincts ;  if  not.  then  within  such 
city,  town  or  village.     (1911,  ch.  77.  §  2 ;  1907,  ch.  45,  §  2.) 

§  3773.  FORM  OF  BALLOTS.  The  ballots  to  be  used  at  such  elec- 
tion shall  be  in  the  following  form : 

''For  city  charter  under  commission  system  of  government,  I     I ;" 

"Against  city  charter  under  commission  .<iystem  of  government,  I     1;" 

the  elector  to  designate  his  choice  by  placing  a  cross  in  the  square 
opposite  his  choice.  The  judges  of  such  election  shall  make  returns 
thereof  to  the  city  council  of  such  city,  and  trustees  of  such  incorporated 
town  or  village,  whose  duty  it  shall  be  to  canvass  such  returns,  and 
cause  the  result  of  such  canvass  to  be  entered  upon  the  records  of  such 
city,  town  or  village. 

If  a  majority  of  the  votes  cast  at  such  election  shall  be  for  city  or- 
ganization under  commission  system,  such  city  shall  henceforth  be  deemed 
to  be  organized  under  this  chapter,  and  the  city,  village  or  town  oflScers 
then  in  ofl5ce  shall  thereupon  exercise  the  powers  conferred  upon  like 
oflScials  by  this  chapter,  until  their  successors  shall  be  elected  and  qual- 
ified.    (1911,  ch.  77,  §  3;  1907,  ch.  45,  §  3.) 


ELECTION   LAWS   OF  NORTH   DAKOTA  2S1 

§  3774.  CALL  FOR  SPECIAL  ELECTION  OF  CITY  COMMIS- 
SIONERS. Within  twenty  days  after  the  issuance  of  patent  incorpor- 
ating any  city  under  the  provisions  of  this  chapter,  it  shall  be  the  duty 
of  the  mayor  or  president  of  the  city,  town  or  village  voting  such  in- 
corporation to  call  a  special  election  for  the  purpose  of  electing  the  first 
board  of  city  commissioners  provided  for  berein,  such  election  to  be  held 
;»s  provided  in  section  3784.     (1911,  ch.  77,  §  4;  1907,  ch.  45,  §  4.) 

§  H779.  RESULT  OF  ELECTION.  RETURNS  OF.  If  a  majority 
of  al'  the  votes  cast  at  such  election  shall  be  for  a  commission  system, 
then  said  city  shall  adopt  the  form  herein  provided  for.  The  result  of 
the  election  as  canvassed  by  the  judges  shall  be  returned  to  the  town, 
city  or  village  clerk,  as  the  case  may  be,  and  if  a  majority  of  all  tb0 
votes  cast  are  in  favor  of  a  commission  system  of  government  said  clerk 
shall  certify  the  fact  to  the  secretary  of  state,  together  with  the  result 
of  the  census  taken,  if  any,  and  thereupon  a  patent  shall  be  issued  as 
hereinafter  provided,  which  shall  specify  the  boundaries  of  such  city  and 
the  number  and  boundaries  of  the  wards  thereof.  (1911,  ch.  77,  §  9;  1907; 
ch.  45,  §  9.) 

§  3780.  CERTIFIED  TO  SECRETARY  OF  STATE.  If  said  com- 
^mission  system  of  government  be  accepted  the  result  shall  be  certified 
under  the  corporate  seal  of  the  city  to  the  secretary  of  state,  tc^ethei 
with  a  copy  of  the  proceeding.^-;  relating  thereto;  thereupon  the  goveraor 
shall  issue  letters  patent  under  the  great  seal,  reciting  the  facts,  defining 
the  boundaries  of  the  city,  and  constituting  the  same  a  body  corporate 

and  politic  by  the  name  of  the  city  of (specifying 

the  name  of  such  city)  and  declaring  that  the  same  shall  be  governed 
by  the  provisions  of  this  chapter.     (1911,  ch.  77,  §  10;  1907,  ch,  45.  §  10.) 

§  3781.  PATENT,  WHERE  RECORDED.  Any  patent  issued  under 
the  provisions  of  this  chapter  shall  be  recorded  in  the  oflSce  of  the  sec- 
iry  of  state  in  a  book  kept  for  that  purpose.  Any  patent  so  issued 
and  recorded,  the  record  thereof  or  a  certified  copy  of  such  record  shall 
be  conclusive  evidence  in  all  courts  and  places  of  the  due  incorporation 
of  the  city  mentioned  and  of  all  the  facts  therein  recited.  (1911,  ch.  77, 
§   11;  1907,  ch.  45,  §  11.) 

§  3782.  BOUNDARIES  OF  WARDS.  The  number  and  the  boundaries 
of  the  wards  of  any  city  organized  under  the  provisions  of  this  chapter 
may  be  changed  by  ordinance  adopted  by  a  majority  vote  of  the  city 
commissioners,  provided  said  ordinance  must  be  introduced  at  a  regular 
meeting  of  the  city  commissioners  in  May  and  before  final  action  is 
taken  thereon  shall  be  published  in  the  oflScial  paper  of  the  city,  if  any, 
otherwise  in  a  newspaper  designated  by  such  ordinance,  once  in  each 
week  for  four  successive  weeks,  and  when  the  boundaries  of  any  wards 
are  fixed  by  any  ordinance  the  number  of  wards  and  boundaries  thereof 
"v  of  any  of  said  wards  shall  not  be  again  changed  for  a  i)eriod  of  two 

rs.   except   by   adding   thereto   such   territory   as   may   at   anytime   be 


252  STATE  OF  NORTH  DAKOTA 

added  to  the  city  limits;  provided,  further,  that  the  territory  of  the  ; 
wards  shall  be  contiguous  and  compact  and  that  no  ward  having  a  \ 
population  of  less  than  one  hundred  shall  be  created.  (1911,  ch.  77,  §12;  ; 
1907,  ch.  45,  §  12.)  ; 

§  3783.  OFFICERS.  The  officers  of  cities  incorporated  under  this  | 
act  shall  be  a  president  of  the  board  of  city  commissioners  and  four  | 
city  commissioners  who  together  shall  be  known  as  the  Board  of  City  Com-  ] 

missioners  of  the  city  of ;  a  treasurer,  \ 

auditor,  attorney,  a  police  magistrate,  one  or  more  justices  of  the  peace,  j 
one  or  more  assessors,  a  physician,  street  commissioner,  chief  of  fire  de-  i 
partment,  city  engineer,  chief  of  police,  a  board  of  public  works,  one  or  ' 
more  policemen,  and  such  other  officers  or  boards  as  the  board  of  city  * 
commissioners  may  deem  necessary ;  provided  that  the  board  of  city  com-  , 
missioners   by   a   majority   vote   may   dispense   with   the   offices   of   street 
commissioner,  engineer  and  board  of  public  works,  and  provide  that  the- 
duties  thereof  be  performed  by  other  officers  or  boards,  by  the  board  of 
city   commissioners  or  a   committee   thereof.      (1911.   oh.   77,    §    13;    liK)7. 
ch.  45,  §  13.) 

§    3784.      ELECTION    BIENNIAL.      Biennial    municipal    elections    in  . 
all  cities  shall  be  held  the  first  Tuesday  in  April  at  such  place  or  pluccs 
as  the  Board  of  City  Commissioners  shall  designate.     The  polls  of  suchi  j 
election  shall  be  opened  at  eight  o'clock  A.   M.   and  close  at  nine  P.   M.   ' 
Ten  days'  previous  notice  of  the  time  and  place  of  such  election  and  of  i 
the  officers  to  be  elected,  shall  be  given  by  the  City  Auditor  by  the  pub-  i 
lication  in   the  official  paper  and  by  posting   written   or  printed   notices  ' 
in  three  public  places  in  the  City;  but  the  failure  to  give  such  notice  ' 
shall   not   invalidate   such   election.      In    all   other   respects   such   election 
shall   be  conducted   as  prescribed   by  general    election   laws,   and   for   all 
general  and  special  elections  held  under  the  provisions  of  this  Act  in  tlie   j 
city,   for   city    officers   and   for   other  purposes,    the    Board    of   City    Com-   ; 
missioners  shall  at  least  ten  days  before  any  election  is  held  appoint  in   • 
each  precinct   established   in   the   city   one    inspector   and   two  judges   of  4 
election.     (1919,  ch.  120;  1911,  ch.  77,  §  14:  1907,  ch.  45,  §  14.)  | 

McCurdy  v.  Lucas,  34  N.  D.  618,  159  N.  W.  22.  \ 

See  Opinions  of  the  Attorney  General,   Nos.   91,  92  and  93.  ' 

1 
§  3785.  COMMISSIONERS.  HOW  ELECTEL.  The  president  of  ^ 
the  boird  of  city  commissioners  and  four  city  commissioners  shall  he  ' 
elected  ])y  the  legal  and  qualified  voters  in  the  city,  in  the  following  • 
manner.  The  president  of  the  board  of  city  commissioners  and  the  four  ! 
city  commissioners  shall  be  elected  at  large  and  not  by  wards.  Each  '' 
voter  shall  be  allowed  to  cast  but  one  vote  for  the  cnulidate  for  the 
office  of  president  of  the  board  of  city  commissioners.  Knch  voter  sli  ill  • 
be  aUowed  as  many  votes  for  the  candidates  of  the  office  of  city  commis-  ^ 
sioner  as  there  are  commissioners  to  be  elected,  such  votes  to  be  distri-    ^ 


ELECTION   LAWS  OF  NORTH  DAKOTA  253 

buted  among  the  candidates  as  the  voter  shall  see  fit,  but  no  voter  shall 
be  allowed  to  cast  more  votes  than  candidates  to  be  elected.  (1911,  ch. 
77,  §  15;  1907,  ch.  45,  §  15.) 

Ciunnlative  voting  in  election  of  city  commissioners  is  not  authorized. 
State  ex  rel.  Shaw  v.  Thompson,  21  N.  D.  426,  131  N.  W.  231. 

It  is  duty  of  city  auditor  to  furnish  ballots  for  election  of  city  commis- 
sioners.   State  ex  rel.  Shaw  v.  Thompson,  21  N.  D.  426,  131  N.  W.  231. 

§  3786.  TERMS  OF  OFFICE.  Each  of  said  four  commissioners  and 
the  president  of  the  board  shall  hold  office  for  four  years  from  and  after 
the  date  of  his  qualification  and  until  his  successor  shall  have  been  duly 
elected  and  qualified,  except  in  the  first  board  the  two  oonmiissioners 
who  received  the  highest  number  of  votes  shall  hold  four  years,  the  two 
receiving  the  next  highest  for  two  years;  provided,  that  the  president  or 
any  other  member  of  the  commission  may  resign  their  office  by  filing 
with  the  city  auditor  their  resignation  in  writing,  which  the  city  auditor 
shall  lay  before  the  city  commission  at  its  next  regular  meeting,  or  at 
a  special  meeting  called  for  the  consideration  of  such  resignation,  and 
when  such  resignation  is  accepted  by  the  city  commission  it  shall  be- 
come effective.     (1913,  ch.  78;  1911,  ch.  77,  §  16:  1907,  ch.  45,  §  16.) 

§  3787.  ELIGIBILITY  OF  OFFICERS.  No  person  shall  be  eligible 
to  hold  an  elective  office  created  by  the  provisions  of  this  ch-^pter  who 
is  not  at  the  time  of  his  election  a  citizen  of  the  United  States  and  of 
this  state  and  resident  elector  of  the  city.  (1911.  ch.  77,  §  17;  1907, 
ch.  45,  §  17.) 

§  378^  TERMS  BEGIN  WHEN.  The  term  of  office  of  the  pres- 
ident and  members  of  the  board  of  city  commissioners  shall  commence 
on  the  third  Tuesday  of  April  succeeding  their  election  and  qualifica- 
tion except  in  the  case  of  their  first  election  when  their  term  of  office 
shall  commence  within  ten  days  succeeding  such  election.  The  term  of 
all  other  officers  shall  commence  on  the  first  d*iy  of  May  succeeding  their 
appointment  unless  otherwise  provided  by  ordinance,  and  they  shall  hold 
for  such  term  as  has  been  provided  for  eacb  respectively  and  until 
their  respective  successors  are  qualified.  (1911.  ch.  77.  §  18;  1907,  ch.  45, 
§  18.) 

§  3791.  OFFICIAL  BONDS.  APPOINTMENT  OF  SUBORDINATE 
OFFICERS.  Each  commissioner,  before  entering  upon  the  duties  of  his 
office,  shall  give  bond  payable  to  the  governor  of  the  state,  for  the  use 
and  benefit  of  said  city,  in  the  sum  of  three  thousand  dollars,  for  the 
faithful  discharge  of  his  duty,  with  two  or  more  good  and  sufficient 
sureties  to  be  approved  by  the  judge  of  the  county,  and  shall  in  addition 
to  taking  the  oath  prescribed  by  the  constitution  of  the  state,  also  take 
an  oath  that  he  is  not  under  any  direct  or  indirect  obligation  to  ap- 
point or  elect  any  person  to  the  office  of  policeman  or  fireman,  or  any 
*)ther  office,   position  or  employment,  under  said  government.     The  said 


254  STATE  OF  NORTH  DAKOTA  j 

I 

commissioners  shall  by  a  majority  vote  of  all  the  commissioners  elected  1 
under  this  chapter  have  the  power  to  appoint  all  officers  and  subordinates  ; 
in  all  of  the  departments  of  said  city,  and  to  suspend  and  to  discharge  * 
the  same  at  will  under  the  limitations  hereafter  provided.  Each  com-  \ 
missioner  elected  under  the  provisions  of  this  chapter  shall  qualify  as  1 
provided  by  this  section  within  ten  days  after  the  delivery  to  him  of  j 
the  certificate  of  his  election.     (1911,  ch.  77,  §  21;  1907,  ch.  45,  §  21.)  1 

§  3804.  VACANCIES.  ELECTIONS  TO  FILL.  Special  elections  to  \ 
fiU  vacancies  or  for  any  other  purpose  shall  be  held  and  conducted  by  ; 
the  inspectors  and  judges  of  election  of  the  several  precincts  in  the  ^ 
same  manner  and  the  returns  thereof  shall  be  made  in  the  same  form  j 
and  manner  as  of  the  general  municipal  elections,  and  within  such  time  ■ 
as  is  prescribed  by  law.     (1911,  ch.  77,  §  34;  1907,  ch.  45,  §  34.)  \ 

See  Opinions  of  the  Attorney  General,  No.  94.  . 

§  3805.  TENURE  OF  OFFICE.  Every  person  elected  or  appointed  \ 
to  fill  a  vacancy  shall  hold  his  office  and  discharge  the  duties  thereof  i 
for  the  unexpired  term.     (1911,  ch.  77,  §  35;  1907,  ch.  45,  §  35.) 

§  3806.     OATH  OF  OFFICE.     Every  person  elected  or  appointed  to 
any  office  shall,  before  he  enters  upon  the  discharge  of  the  duties  thereof,  I 
take  and  subscribe  the  oath  of  office  provided   for   by   the   constitution  ■ 
and  file  the  same  with  the  city  auditor  within  ten  days  after  notice  of  ' 
his  election  or  appointment;  and  in  case  of  his  failure  to  do  either  the  \ 

office  shall  be  deemed  vacant.     (1911,  ch.  77,  §  36;  1907,  ch.  45,  §  30.)       i 

< 

§  3807.    BONDS.    WHAT  OFFICERS  GIVE.    The  Treasurer,  Auditor,  '■ 
City  or  Village  Justice  of  the  Peace,  and  such  other  officers  as  the  Board  i 
of  City  Commissioners  may  direct   shall,   before   entering  upon   the  dis-  ; 
charge  of  the  duties  of  their  respective  offices,  execute  and  deliver  to  the  i 
city  or  village  a  bond  in  such  sum  as  the  Board  of  City  Commissioners  ! 
may  determine,  with  two  or  more  sureties,  conditioned  for  the  faithful  i 
discharge  of  the  duties  of  their  respective  offices,  and  with  such  other  i 
conditions  as  the  Board  of  City  Commissioners  may  prescribe.    The  bond  ■ 
so  given  by  such  officers  shall  at  all  times  be  for  the  full  amount  of  ! 
any  jind   all  moneys  in  the  hands  of  such  official     The  Board  of  City  [ 
Commissioners  may   at  any   time   require  new   and  additional   bonds   of  ( 
any  officer.     All  bonds  must  be  approved  by  the  president  of  the  Board  ' 
of  City  Commissioners,  and  when  so  approved  shall  be  filed  in  the  office  ' 
of  the  City  Auditor  within  ten  days  after  the  officer  executing  the  same 
shall  have  been  notified  of  his  appointment,  and  when  so  approved  and 
filed  shall  be  recorded  by  the  City  Auditor  in  a  book  kept  for  that  pur- 
pose;   such  Auditor   shall   annex   to  each   such   record   a   certificate  that 
the  same  is  a  true  copy  of  the  original,  and  such  record  shall  be  prima 
facie  evidence  of  the  contents  of  such  bond  and  in  the  absence  of  the 


ELECTION   LAWS  OF  NORTH  DAKOTA  255 

original  may  be  nsed  as  evidence  in  all  courts.     (1915,  eh.  72 ;  R.  C.  1913, 
§  3807;  1911,  ch.  77,  §  37;  1907,  ch.  45,  §  37.) 

§   3818.     GENERAL   POWERS   OF   COMMISSIONERS.     The   board 
of  city  commissioners  shall  have  power: 


4.  To  borrow  money  on  the  credits  of  the  corporation  for  corporation 
purposes,  and  to  issue  bonds  therefor  in  such  amounts  and  form  and  on 
such  conditions  as  it  shall  prescribe,  but  no  city  shall  become  indebted 
in  any  manner  or  for  any  purpose  to  an  amount,  including  existing  in- 
debtedness, exceeding  five  per  cent,  of  the  taxable  property  therein,  as 
determined  by  the  last  preceding  assessment;  provided,  that  any  incor- 
porated city  may,  by  a  two-thirds  vote  at  any  special  or  general  elec- 
tion increase  such  indebtedness  to  an  amount  equal  to  three  per  cent,  of 
such  assessed  valuation,  beyond  said  five  per  cent,  limit  and  may  issue 
bonds  therefor ;  provided,  further,  that  any  city,  when  authorized  by  a 
majority  vote  at  a  general  or  special  election,  may  become  indebted  in 
any  amount  not  exceeding  four  per  cent,  of  such  assessed  value  without 
regard  to  the  existing  indebtedness  of  such  city,  for  the  purpose  of  con- 
structing or  purchasing  water  works  for  the  purpose  of  furnishing,  ,a 
supply  of  water  to  the  inhabitants  of  such  city,  or  for  the  purpose,  of 
constructing  sewers,  but  for  no  other  purpose  whatever,  and  such  city 
may  issue  bonds  therefor;  provided,  further,  that  no  bonds  issued  under 
the  provisions  of  this  section  shall  be  sold  for  less  than  their  par  value, 
and  the  city  issuing  such  bonds  shall,  at  or  before  the  time  of  issuing 
the  same  or  incurring  the  indebtedness  for  which  the  same  are  to_  be 
issued,  provide  for  the  collection  of  a  direct  annual  tax  sufficient  to  pay 
the  interest  on  such  debt  or  such  bond  when  it  falls  due,  and  to  pay 
and  discharge  the  principal  thereof  when  the  same  becomes  due,  and 
such  provision  for  the  collection  of  such  annual  tax  shall  be  irrepealable 
until  such  debt  is  paid,  provided,  further,  that  none  of  the  hereinbefore 
mentioned  bonds  shall  be  issued  either  for  special  or  general  purposes,  ex- 
cept as  by  law  otherwise  provided,  unless  at  an  election  after  twenty  days' 
notice  in  a  newspaper  published  in  the  city,  stating  the  purpose  for  which 
said  bonds  are  to  be  issued  and  the  amount  thereof,  the  legal  voters  of  the 
city  shall,  by  a  majority  vote,  determine  in  favor  of  issuing  such  bonds; 
provided,  further  that  no  bonds  issued  under  the  provisions  of  this  chapter 
shall  be  issued  for  a  longer  period  than  twenty  years. 

See  note  to  section  3599,  paragraph  5. 

CHAPTER    46. 
CITIES  UNDER  COMMISSION  FORM  OF  GOVERNMENT. 

This  chapter  clearly  supersedes  Laws  1911,  ch.  67,  and  is  substantially 
identical  in  terms  with  the  latter.  An  emergency  section  recites  that  "a 
doubt  exists  of  there  being  any  law  governing   said  recall  commission   form   of 


256  STATE  OF  NORTH   DAKOTA 

government."     It   is    quite   probable    that   the   doubt   arose    from    the    fact    that     , 
Laws  1911,  ch.  (>1,  sections  1  and  5  refer  to  "chapter  45  of  the  Laws  of  1907," 
whereas  the  latter  chapter  was  undoubtedly   repealed  by  laws   1911,  ch.   11. 

§  3835.  RECALL.  The  holder  of  any  elective  office  in  cities  which 
may  adopt  or  have  adopted  the  Commission  Plan  of  Government  under  any 
of  the  laws  of  this  State  applicable  thereto  may  be  removed  at  any  time 
by  the  electors  qualified  to  vote  for  a  successor  of  such  incumbent.  The 
procedure  to  effect  the  removal  of  an  incumbent  of  an  elective  office  shall 
be  as  follows.  A  petition  signed  by  electors  entitled  to  vote  for  the  succes- 
sor to  the  incumbent  sought  to  be  removed,  equal  in  number  to  at  least 
thirty  percentum  of  the  entire  votes  for  all  the  candidates  for  the  office  of 
President  of  the  City  Commission  cast  at  the  last  preceding  general  muni- 
cipal election,  demanding  an  election  of  a  successor  of  the  person  sought 
to  be  removed  shall  be  filed  with  the  City  Auditor,  which  petition  shall 
contain  a  general  statement  of  the  grounds  for  which  the  removal  is 
sought.  The  signatures  to  the  petition  need  not  all  be  appended  to  one 
paper,  but  each  signer  shall  add  to  his  signature  his  place  of  residence, 
giving  the  street  and  number.  One  of  the  signers  of  each  such  papers  shall 
make  oath  before  an  officer,  competent  to  administer  oaths,  that  the  state- 
ments therein  are  true  as  he  beUeves  and  that  each  signature  to  the  paper 
appended  is  the  genuine  signature  of  the  person  whose  name  it  purports  to 
be.  After  the  said  petition  is  filed  with  the  City  Auditor  no  signer  of  said 
petition  shall  be  allowed  to  remove  his  name  or  cause  to  be  removed  his 
name  from  said  petition.  Within  ten  days  from  the  date  of  filing  such 
petition,  the  city  auditor  shall  examine  the  same  and  from  the  voters' 
register  ascertain  whether  or  not  said  petition  is  signed  by  the  requisite 
number  of  qualified  voters,  and  if  necessary  the  Board  of  City  Commis- 
sioners shall  allow  extra  help  for  that  purpose  and  he  shall  attach  to  the 
said  petition  his  certificate  showing  the  result  of  the  said  examination  and 
said  certificate  shall  show  why  the  said  i)etition  is  deemed  insufficient, 
provided  said  Auditor  certifies  that  same  is  insufficient.  If,  by  the  Audi- 
tor's certificate,  the  petition  is  shown  to  be  insufficient  it  may  be 
amended  within  ten  days  from  the  date  of  said  certificate.  The  auditor 
•shall,  within  ten  days  after  such  amendment,  make  like  examination  of 
the  amended  petition,  and  if  his  certificate  shall  show  the  same  to  be  in- 
sufficient, it  shall  be  returned  to  the  person  filing  the  same,  without 
prejudice,  however,  to  the  filing  of  a  new  petition  of  the  same  effect.  If 
the  petition  shall  be  deemed  to  be  sufficient,  the  Auditor  shall  submit  the 
same  to  the  Board  of  City  Commissioners  without  delay.  If  the  petition 
shall  be  found  sufficient,  the  Board  of  City  Commissioners  shall  order  and 
fix  a  date  for  said  election,  not  less  than  thirty  days  nor  more  than  forty 
days  from  the  date  of  the  Auditor's  certificate  to  the  Board  of  City  Com- 
missioners that  a  sufficient  petition  is  filed.  The  Board  of  City  Commis- 
sioners shall  make,  or  cause  to  be  made,  publication  of  notice  and  all 
arrangement  for  holding  such  election,  and  the  same  shall  be  conducted, 
returned  and  the  result  thereof  declared  in  all  respects  as  are  other  city 


ELECTION   LAWS  OF  NORTH   DAKOTA  2S7 

elections.  The  successor  of  any  oflSeer  so  removed  shall  hold  oflBce  during 
the  unexpired  term  of  his  predecessor.  Any  person  sought  to  be  removed 
may  be  a  candidate  to  succeed  himself,  and  unless  he  requests  otherwise  in 
writing  the  Auditor  shall  place  his  name  on  the  official  ballot  without 
nomination.  In  any  such  removal  election,  the  candidate  receiving  thie 
highest  number  of  votes  shall  be  declared  elected.  At  such  election  if  some 
other  person  than  the  incumbent  receives  the  highest  number  of  votes,  the 
incumbent  shall  thereupon  be  deemed  removed  from  the  oflBce  upon  the 
qualification  of  his  successor.  In  case  the  party  who  receives  the  highest 
number  of  votes  should  fail  to  comply  within  ten  days  after  receiving 
notification  of  election,  the  office  shall  be  deemed  vacant.  If  the  incum- 
bent shall  receive  the  highest  number  of  votes,  he  shall  continue  in  office. 
This  said  method  of  removal  shall  be  cumulative  and  additional  to  the 
methods  heretofore  provided  by  law.  (1919,  ch.  81;  1913,  ch.  79,  §  1; 
1911,  ch.  67,  §  1.) 

State  T.  Fraiier,  39  N.  D.  430,  167  N.  W.  510. 

§  3836.  INITIATIVE.  Any  proposed  ordinance  may  be  submitted 
to  the  board  of  city  commissioners  by  petition  signed  by  electors  of  the  city 
equal  in  number  to  the  percentage  hereinafter  required.  The  signature, 
verification,  authentication,  inspection,  certification,  amendment  and  sub- 
mission of  such  petition  shall  be  the  same  as  provided  for  petition  under 
section  3835.  If  the  petition  accompanying  the  proposed  ordinance  be 
signed  by  electors  equal  in  number  to  fifteen  per  centum  of  the  votes  cast 
for  all  candidates  for  president  of  the  city  commission  at  the  last  preceding 
general  municipal  election  and  contains  a  request  that  the  said  ordinance 
be  submitted  to  a  vote  of  the  people  if  not  passed  by  the  board  of  city 
commissioners,  such  board  of  city  commissioners  shall  either 

(a)  Pass  said  ordinance,  without  alteration,  within  twenty  days  after 
att<ichment  of  the  auditor's  certificate  to  the  accompanying  petition,  or, 

(b)  Forthwith,  after  the  auditor  shall  attach  to  the  petition  ac- 
companying such  ordinance  his  certificate  of  sufficiency,  the  board  of  city 
commissioners  shall  call  a  si)ecial  election,  unless  a  general  municipal 
election  is  fixed  within  ninety  days  thereafter,  and  at  such  special  or 
general  municipal  election,  if  one  is  so  fixed,  such  ordinance  shall  be  sub- 
mitted without  alteration  to  the  vote  of  the  electors  of  said  city.  But  if 
the  petition  is  signed  by  not  less  than  twenty-five  per  centum  of  the  elec- 
tors, as  above  defined,  then  the  board  of  city  commissioners  shall,  within 
twenty  days,  pass  said  ordinance  without  change,  or  submit  the  same  at 
the  next  general  city  election  occurring  not  more  than  thirty  days  after 
the  auditor's  certificate  of  sufficiency  is  attached  to  said  petition.  The 
ballots  used  when  voting  upon  said  ordinance  shaU  contain  these  words: 
"For  the  ordinance"  (stating  the  nature  of  the  proposed  ordinance),  and 
"Against  the  ordinance"  (stating  the  nature  of  the  proposed  ordinance). 
If  a  majority  of  the  qualified  electors  voting  on  the  proi)osed  ordinance 


258  STATE  OF  NOKTH  DAKOTA 


shall  vote  in  favor  thereof,  such  ordinance  shall  tlunenpon  become  a  valid  | 
and  binding  ordinance  of  the  city,  and  any  ordinance  proposed  by  petition  j 
and  which  shall  be  adopted  by  vote  of  the  people,  cannot  be  repealed  or  j 
amended  except  by  a  vote  of  the  people  as  long  as  the  city  is  under  the  ; 
commission  form  of  government.  ; 

Any  number  of  proposed  ordinances  may  be  voted  upon  at  the  same  < 
election,  in  accordance  with  the  provisions  of  this  section,  but  there  shall  ■ 
not  be  more  than  one  special  election  in  any  period  of  six  months  for  such  i 
purposes.        .  ; 

i 

The  board  of  city  commissioners  may  submit  a  proposition  for  the  re-  \ 
peal  of  any  such  ordinance,  or  for  amendments  thereto,  to  be  voted  upon  '• 
at  any  succeeding  general  city  election ;  and  should  such  proposition     so  ' 
submitted  receive  a  majority  of  the  votes  cast  thereon  at  such  election.  ■ 
such  ordinance  shall  be  thereby  repealed  or  amended  accordingly.     When- 
ever any  ordinance  or  proposition  is  required  by  this  chapter  to  be  sub-  | 
mitted  to  the  voters  of  the  city  at  any  election,  the  city   auditor  shall 
cause  such  ordinance  or  proposition  to  be  published  once  in  each  of  the 
daily  newspapers  published  in  said  city;  such  publication  to  be  not  more  ; 
than  twenty  or  less  than  five  days  before  the  submission  of  such  propo- 
sition or  ordinance  to  be  voted  on.     (1913,  ch.  79,  §  2;  1011,  ch.  67,  §  2.)  j 

Initiative  and  referendum.     11  L.  R.  A.   (N.  S.)  1092;  33  L.   R.  A.   (N.   S.)  j 

969. 


§  3837.  REFERENDUM.  No  ordinance  passed  by  the  board  of  city  ^ 
commissioners,  except  when  otherwise  required  by  the  general  laws  of  I 
the  state  or  by  the  provisions  of  this  chapter,  except  an  ordinance  for 
the  immediate  preservation  of  the  public  peace,  health  or  safety,  which  ' 
contains  a  statement  of  its  urgency  and  is  passed  by  a  four-fifths  vote  of  : 
the  board  of  city  commissioners,  shall  go  into  effect  before  ten  days  from  ; 
the  time  of  its  final  passage ;  and  if  during  said  ten  days  a  petition  signed  ' 
by  electors  of  the  city  equal  in  number  to  at  least  ten  per  centum  of  the  ; 
entire  votes  cast  for  all  candidates  for  president  of  the  city  commission  i 
at  the  last  preceding  general  municipal  election  at  which  a  president  of 
the  city  commission  was  elected,  protesting  against  the  passage  of  such  • 
ordinance,  be  presented  to  the  board  of  city  commissioners,  the  same  shall  ' 
thereupon  be  suspended  from  going  into  operation,  and  it  shall  be  the  duty  j 
of  the  board  of  city  commissioners  to  reconsider  such  ordinance,  and  if 
the  same  is  not  entirely  repealed,  the  board  of  city  commissioners  shall 
submit  the  ordinance  as  is  provided  by  subsection  (b)  of  section  3836,  to  ; 
the  vote  of  the  electors  of  the  city,  either  at  the  general  election  or  at  n  i 
special  municipal  election  to  be  called  for  that  purpose;  and  such  ordin  ; 
ance  shall  not  go  into  effect  or  become  operative  unless  a  majority  of  thi  j 
qualified  electors  voting  on  the  same  shall  vote  in  favor  thereof.  Said  I 
petition  shall  be  in  all  respects  in  accordance  with  the  provisions  of  sai<l  i 
section  3830,  except  as  to  the  percentage  of  signers,  and  be  (Examined  and  i 


ELECTION  LAWS  OF  NORTH  DAKOTA  259 

certified  to  by  the  auditor  in  all  rejects  as  therein  provided.     (1913,  ch. 
70,  §  3;  1911,  ch.  67,  §  3.) 

Sec  Heineman  v.  Alexandria,  32  S.  D.  368,  143  N.  W.  291. 

§  3838.  FORM  OF  PETITION.  Petitions  provided  for  in  this  chap- 
ter shall  be  signed  by  none  but  legal  voters  of  the  city.  Each  petition 
shall  contain,  in  addition  to  the  names  of  the  petitioners,  the  street  and 
house  number  in  which  the  petitioner  resides,  his  age  and  length  of 
residence  in  the  city.  It  shall  also  be  accompanied  by  the  affidavit  of  one 
or  more  legal  voters  of  the  city,  stating  that  the  signers  thereof  were,  at 
the  time  of  signing,  legal  voters  of  said  city,  and  the  number  of  signers  at 
the  time  the  affidavit  was  made.     (1913,  ch.  79,  §  4:  1911,  ch.  07,  §  4.) 

§  3839.  RETURN  TO  FORMER  SYSTEM.  Any  city  which  shall 
have  operated  for  more  than  six  years  under  the  provisions  of  this  chapter 
may  abandon  such  organization  hereunder  and  accept  the  provisions  of  the 
general  law  of  the  state  then  applicable  to  cities  of  its  population,  or  if 
now  organized  under  special  charter,  may  resume  said  special  charter  by 
proceeding  as  follows : 

Upon  petition  of  not  less  than  forty  per  centum  of  the  electors  of 
such  city  a  special  election  shall  be  called  at  which  the  following  proposi- 
tions only  shall  be  submitted:  "Shall  the  city  (name  of  city)  abandon 
its  organization  under  the  commission  system  and  become  a  city  under 
the  general  law  governing  cities  of  like  population?"  If  a  majority  of  the 
votes  cast  at  such  special  election  be  in  favor  of  such  proposition,  the  offi- 
cers elected  at  the  next  biennial  election  shall  be  those  then  prescribed  by 
the  general  law  of  the  state  for  cities  of  like  population  and  upon  the 
qualification  of  such  officers  such  city  shall  become  a  city  under  such  gen- 
eral law  of  the  state ;  but  such  change  shall  not  in  any  manner  or  degree 
affect  the  property,  rights  or  liabilities  of  any  nature  of  such  city,  but 
shall  merely  extend  to  such  change  in  its  form  of  government. 

The  sufficiency  of  such  petition  shall  be  determined,  the  election 
ordered  and  conducted,  and  the  result  declared  generally  as  provided  by 
section  3835  in  so  far  as  the  provisions  thereof  are  applicable.  <1913,  ch. 
79,  §  5;  1911.  ch.  67,  §  5.) 


Ch.  80,  S.  L.  1919.  CITY  MANAGERS.  §  1.  That  upon  the  filing 
with  the  City  Auditor  and  within  thirty  days  thereafter,  of  a  petition 
signed  by  twenty-five  per  cent  of  the  legal  voters  as  shown  by  the  number 
of  votes  cast  for  Mayor  at  the  last  preceding  city  election,  praying  there- 
for, the  City  Council  or  City  Commissioners  shall  submit  at  an  election  to 
be  held  within  ninety  days  thereafter  to  the  electors  of  the  city,  the 
question  whether  or  not  the  city  manager  plan  shall  be  put  in  force  in 
said  city ;  thirty  days  notice  of  the  date  of  such  election  and  the  purposes 


2SD  STATE  OF  NORTH  DAKOTA 


thereof  shall  be  given  by  the  City  Auditor  and  which  said  notice  shall  \ 
briefly  state  the  powers  of  such  city  manager  if  the  plan  should  be  \ 
adopted;  said  election  shall  be  held,  the  votes  canvassed  and  the  results  \ 
declared  in  the  same  manner  as  city  elections.  i 

§  2.    If  four-sevenths  of  the  legal  vote  cast  at  such  election  shall  be  : 

in  favor  of  adopting  the  city  manager  plan  then  the  City  Council  or  City  ! 
Commissioners  shall  declare  said  plan,  adopted  and  fix  the  time  when  the 

same  shall  go  into  force  and  effect  which  shall  not  be  less  than  three  \ 

months   nor   more   than    nine    months   after    the   election    and    the   City  . 

Council  or  City  Commissioners  shall  have  the  right  to  change  such  date  ; 

from  time  to  time  within  the  limits  above  fixed.  j 

§  3.    The  City  Manager  shall  be  the  chief  Administrative  officer  of  ^ 

the  city  and  shall  be  chosen  by  the  council  or  City  Commissioners  solely  - 

on  the  basis  of  his  qualifications  and  in  his  choice  the  council  or  City  ; 

Commissioners  shall  not  be  limited  to  the  inhabitants  of  the  city  or  state;  i 

a  majority  of  the  members  elect  of  the  council  or  City  Commissioners  i 

shall  be  required  to  make  a  choice;   the  city   manager  shall  receive  a  • 

compensation  of  not  less  than  $1,000.00  per  year  and  shall  be  chosen  for  i 

an  indefinite  term ;  he  may  be  removed  by  the  council  or  City  Commission-  ! 

ers  but  if  removed  at  any  time  after  six  months  he  may  demand  written  I 

charges   and    public   hearing    on    the    same    before    the    council    or    City  : 
Commissioners  prior  to  the  date  on  which  his  final  removal  shall  take 
effect;  pending  the  hearing  he  may  be  suspended  by  the  council  or  City 

Commissioners;   during  the   absence   or   disability  of  the   City   Manager,  \ 
the  council  or  City  Commissioners  shall  designate  same  properly  qualified 
person  to  perform  the  duties  of  the  oflBce. 

§  4.  The  City  Manager  shall  be  responsible  to  the  council  or  City  j 
Commissioners  for  the  proper  administration  of  all  of  the  affairs  of  the  ] 
city  and  to  that  end  shall  make  all  appointments  to  oflBce  and  shall  have  '\ 
complete  power  of  removal  with  respect  thereto ;  he  shall  be  entitled  to  be  j 
present  at  all  meetings  of  the  council  or  City  Commissioners  and  of  its  i 
committees  and  may  take  part  in  their  discussions  and  may  make  recom-  : 
mendations  to  them;  he  shall  prepare  and  submit  to  the  council  or  City 
Commissioners,  an  annual  budget  and  shall  fix  the  salaries  of  all  oflBcers  i 
other  than  himself  and  shall  have  the  right  to  add  to,  increase,  take  from,  ' 
alter  and  change  the  duties  of  the  various  officers  of  the  city,  other  than  ■ 
himself,  save  as  the  same  are  fixed  by  statute. 

§  5.    At  any  time  after  said  City  Manager  plan  shall  have  been  in  j 

force  in  any  city  for  the  period  of  five  years  the  city  council  or  City  i 

Commissioners  may,  and  upon  petition  signed  by  twenty-five  per  cent  of  \ 

the  legal  voters  shall,  submit  at  an  election  to  be  called  for  that  purpose  j 

within  thirty  days  after  the  filing  of  the  petition,  the  question  of  whether  j 

or  not  said  City  Manager  plan  shall  be  retained  and  if  a  majority  of  the  j 

legal  votes  cast  at  such  election  shall  be  against  retaining  said  plan,  then  ; 


ELECTION  LAWS  OF  NORTH   DAKOTA  261 

said  city  shall  revert  to  the  plan  theretofore  in  force  therein  and  the 
provisions  of  this  law  ^hall  thereafter  not  be  applicable  thereto  save  after 
another  compliance  with  its  terms;  the  council  or  City  Commissioners 
shall  fix  the  date  at  which  the  plan  shall  cease  to  be  operative  therein 
which  shall  not  be  less  than  three  months  nor  more  than  six  months 
after  the  election. 

CHAPTER  47. 

V  VILLAGES. 

ARTICLE     1.     INCORPORATION  OF  VILLAGES,  §  §  3840-3860. 

5.     QUALIFICATION  OF  OFFICERS,  §  §  3869,  3870. 

14.     DISSOLUTION  OF  CORPORATION,  §  §  3903,  3904. 

ARTICLE   1.— INCORPORATION    OF    VILLAGES. 

§  3840.  TOWNSITE  TO  BE  SURVEYED  AND  PLATTED.  Persons 
intending  to  make  application  for  the  incorporation  of  a  village  as  herein- 
after provided  shall  cause  an  accurate  survey  and  map  to  be  made  of  the 
territory  intended  to  be  embraced  within  the  limits  of  such  village;  snch 
survey  shall  be  made  by  a  practical  surveyor,  and  show  the  courses  and 
distances  of  the  boundaries  thereof,  and  the  quantity  of  land  contained 
therein,  the  accuracy  of  which  survey  and  map  <?haU  be  verified  by  the 
affidavit  of  such  surveyor  written  thereon  or  annexed  thereto.  (R.  O.  1906,. 
§  2843;  R.  C.  1895,  §  2344.) 

Incorporated  towns  distinguished  from  towns  or  townships.  Town  of  Dell 
Rapids  V.  Irving,  7  S.  D.  310,  64  N.  W.  149,  29  L.  R.  A.  861. 

A  town  has  no  authority  to  assess  abutting  property  for  laying  water  ntaifis. 
Lee  ▼.  Town  of  Mellette,  15  S.  D.  586,  90  N.  W.  355. 

Who  may  maintain  quo  warranto  to  test  validity  of  organisatioB  ©f  -villasc. 

21  L.  R.  A,   (N.  S.)  685. 

• 

§  3841.  CENSUS  TO  BE  TAKEN.  Such  persons  shall  cause  ai* 
accurate  census  to  be  taken  of  the  resident  population  of  such  territory  as 
may  be,  on  some  day  not  more  than  sixty  days  previous  to  the  time  of 
presenting  such  application  to  the  board  of  county  commissioners,  as  here- 
inafter provided :  which  census  shall  exhibit  the  name  of  every  head  of  a 
family  residing  within  such  territory  on  such  day  and  the  number  of 
persons  then  belonging  to  such  family;  and  it  shall  be  verified  by  the 
affidavit  of  the  person  taking  the  same.  (R.  C.  1905,  §  2844:  1897,  cb.  150  r 
R.  C.  1890,  §  2345.) 

§  3842.  SURVEY,  MAP  AND  CENSUS  SUBJECT  TO  EXAMINA- 
TION. Such  survey,  map  and  census  when  completed  and  verified  as 
aforesaid  shall  be  left  at  some  convenient  place  within  said  territory  for 
examination  by  those  having  an  interest  in  such  application,  for  a  period 
•f  not  less  than  thirty  days.     (R.  C.  1905,  §  2845;  R.  C.  1899,  f  234«.) 


262  STATE  OF  NORTH  DAKOTA 


§  3843.     PETITION  FOR  INCORPORATION.     Such  applicatiou  shall  • 

be  by  petition  subscribed  by  the  applicants,  and  also  by  not  less  than  j 

one-third  of  the  whole  number  of  qualified  voters  residing  within  such  ^ 

territory;  and  such  petition  shall  set  forth  the  boundaries   thereof,  the  i 

quantity   of   land   embraced   according   to   the   survey,    and    the   resident  ] 

population  therein  contained  according  to  such  census,  and  such  petition  ; 

shall  have  attached  thereto  or  written  thereupon  affidavits  verifying  the  ■ 

facts  alleged  therein,  and  it  shall  be  presented  at  the  time  indicated  in  the  « 

notice  of  such  application  or  as  soon  thereafter  as  the  board  can  receive  i 

and  consider  the  same.     (R.  C.  1905,  §  2846;  R.  C.  1899,  §  2347.)  | 

§  3844.     COMMISSIONERS    TO    MAKE    ORDER    OF    INCORPORA-  ] 

TION.    The  board  of  county  commissioners  on  hearing  such  application  ] 

shall  first  require  proof  either  by  affidavit  or  by  oral  examination  of  wit-  *. 
nesses  before  them  that  the  said  survey,  map  and  census  were  subject  to 

examination  in  the  manner  and  for  the  period  required  by  section  3842;  i 

and  if  the  board  is  satisfied  that  the  requirements  of  this  chapter  have  : 
been  fully  complied  with,  it  shall  then  make  an  order  declaring  that  such 

territory  shall  with  the  assent  of  the  qualified  voters  thereof  as  herein-  ] 

after  provided  be  an  incorporated  village  by  the  name  specified  in  the  ap-  : 

plication    aforesaid,    which   name   shall   be   different   from    that    of   every  ' 

other  town  in  this  state,  and  it  shall  also  include  in  such  order  a   notice  ; 

for  a  meeting*of  the  qualified  voters  resident  in  said  proposed  village  at  ; 

a  convenient  place  therein  to  be  by  them  named,  on  some  day  within  one  i 

month   therefrom,    to   determine   whether   such   territory   shall    l)e   an    in-  ' 

corpora  ted  village.      (R.  C.  1905,  §  2847;  R.  C.  1895,  §  234S. )  \ 

§  3845.     NOTICE   OF  MEETING   TO   BE   GIVEN.     The   board   shall  j 

cause  ten  days'  notice  to  be  given  of  such  meeting  by  publication  in  a  | 

newspaper  if  one  is  published  in  the  coimty,  and  by  posting  not  less  than  I 
ten  copies  of  such  notice  in  the  most  public  places  in  said  proposed  in- 

coVporated  village.     (R.  C.  1905,  §  2848;  R.  C.  1895,  §  2349.)  ] 

§  3840.     OPENING    OF    POLLS.     At    the    meeting    of    the    (lualified  j 

voters  as  herein  provided  the  polls  shall  be  opened  at  nine  o'clock  in  the  = 

forenoon  of  such  day  and  shall  be  kept  open  until  four  o'clock  in  the  after-  1 

noon,  when  they  shall  be  closed.     (R.  C.  1905,  §  2849;  R.  C.  1899,  §  2350.)  \ 

§  3847.     ELECTION  OF  INSPECTORS.     The  voters  at  such  meeting  j 

shall  first  proceed  to  the  election  of  three  inspectors  who,  after  being  duly  1 

chosen  and  qualified  and  one  of  their  number  elected  clerk,  shall  without  j 

delay  proclaim  to  the  meeting  that  the  polls  are  now  oi)ened  and  that  i 

they  are  ready  to  receive  the  ballots  of  the  voters.     (R.  C.  1905.  §  2850:  ! 
R.  C.  1899,  §  2351.) 

§  3848.     MANNER   OF    VOTING.     The   qualified    voters   of   said   *pro-  | 

posed  incorporated  village  shall  vote  by  ballot,  having  thereon  the  words.  i 


ELECTION   LAWS  OF  NORTH  DAKOTA  263 

"for  incorporation,  yes,"  or  the  words  "for  incorporation,  no;"  and  if  a 
majority  of  the  votes  given  at  such  meeting  shall  have  thereon  the  word 
**no,"  the  voters  of  such  proposed  village  shall  be  deemed  not  to  have 
assented  to  the  incorporation  thereof  as  a  village  and  no  further  proceed- 
ings shall  be  had  in  reference  thereto,  but  if  a  majority  of  such  ballots 
shall  have  thereon  the  words  "yes,"  such  territory  shall  from  that  time  be 
deemed  an  incorporated  village  and  shall  thereafter,  for  all  purposes  ex- 
cept the  payment  of  any  prior  bonded  indebtedness,  be  separate  and  dis- 
connected from  any  civil  township  of  which  it  theretofore  formed  a  part 
and  to  have  continuance  thereafter  by  the  name  and  style  specified  in  the 
order  made  by  the  board  of  county  commissioners  as  hereinbefore  provided ; 
and  the  inspectors  of  such  election  shall  make  a  statement  showing  the 
whole  number  of  ballots  cast  at  such  election,  the  number  having  the  word 
"yes"  thereon,  and  the  number  having  the  word  "no"  thereon,  which 
statement  shall  be  verified  by  the  affidavit  of  such  inspectors  and  shall  l>e 
returned  to  the  board  of  county  commissioners  at  its  next  session  which, 
if  satisfied  of  the  legality  of  such  election,  shall  make  an  order  declaring 
that  said  village  has  been  incorporated  by  the  name  adopted,  which  order 
shall  be  conclusive  of  such  incorporation  in  all  suits  by  or  against  such 
corporation ;  and  the  existence  of  such  corporation  by  the  name  and  style 
aforesaid  shall  thereafter  be  judicially  taken  notice  of  in  all  courts  in 
this  state  without  specially  pleading  or  alleging  the  same.  (R.  C.  1905, 
§  2851:  1S93,  ch.  129,  §  1 ;  R.  C.  1895,  §  2352.) 

§  3849.  DIVISION  OF  VILLAGE  INTO  DISTRICTS.  Such  inspec- 
tors, when  they  shall  have  returned  the  statement  as  aforesaid,  shall  next 
proceed  to  divide  said  village  into  not  less  than  three  nor  more  than 
seven  districts,  having  due  regard  to  the  equitable  apportionment  of  the 
population  among  the  same,  and  the  convenience  and  continguity  of  such 
districts.     (R.  C.  1905,  §  2852;  R.  C.  1895,  §  2353.) 

§  3850.  NOTICE  OF  ELECTION.  They  shall  also  give  ^en  days' 
notice  by  publication  in  a  newspaper  if  one  is  published  in  such  village 
and  by  posting  such  notices  in  five  public  places  therein,  of  an  election  to 
be  held  in  such  village  for  the  purpose  of  electing  officers  thereof,  naming 
the  place  therein  and  the  day  upon  which  the  same  will  be  held,  but  the 
day  named  shall  be  within  twenty  days  from  the  posting  of  such  notices. 
Notice  of  each  subsequent  election  shall  be  given  in  like  manner  by  the 
clerk  of  said  village.     (R.  C.  1905,  §  2853;  R.  C.  1895,  §  2354.) 

Mandamus    from    circuit   court    to   compel   president    to   call    election   when 
none  held  on  regular  election  day.    State  v.  Young,  6  S.  D.  406,  61  N.  W.  165. 

§  3851.  ANNUAL  ELECTION,  WHEN  HELD.  An  election  for  offi- 
cers of  said  village,  after  the  first  election,  shall  be  held  annually  on  the 
third  Tuesday  of  March  of  each  year,  and  at  every  such  election  the  pre- 
ceding board  of  trustees  or  any  of  them  shall  act  as  inspectors  thereof. 
(R.  C.  1905.  §  2854;  R.  C.  1895,  §  2355;  1903,  ch.  93,  §  1.) 


264  STATE  OF  NORTH  DAKOTA 


Failure   to   call    annual   election;    mandamus   proper   remedy.    State   ex   rd.  ^^ 

McGregor  v.  Young,  6  S.  D.  406,  61  N.  W.  165.  I 

§  3852.     HOW  LONG  POLLS  SHALL  REMAIN  OPEN.    At  all  elec-  ' 

tions  in  said  village  the  polls  shall  be  open  at  nine  o'clock  in  the  forenoon  ^ 

and  shall  not  be  finally  closed  until  four  o'clock  in  the  afternoon  of  said  i 

day.     (R.  0.  1905,  §  2855;  R.  C.  1895,  §  2356.)  ^ 

§  3853.     INSPECTORS  TO  BE  JUDGES  OF  ELECTION.     Such  in-  ] 

spectors  shall  preside  at  such  first  election  and  be  the  inspectors  thereof,  ; 

and  in  the  receiving  and  canvassing  of  votes  shall  be  governed  by  the  i 

laws  then  existing,   so  far  as  they   are   applicable,   for   the   election   of  i 

county  oflScers.     (  R.  C.  1905,  §  2856;  R.  C.  1899,  §  2357.)  j 

■  » 

§  3854.     WHAS   VILLAGE    OFFICERS    TO    BE    ELECTED.    There  | 

shall  be  elected  at  the  first  and  at  each  subsequent  election  one  trustee  i 

from  each  district  in  said  village,  and  also  a  clerk,  assessor,  treasurer,  | 

marshal  and  justice  of  the  peace,  who  shall  respectively  hold  their  oflSces  \ 

until  the  third  Tuesday  in  March  next  following  or  until  their  successors  [ 

are  elected  and  qualified ;  provided,  however,  that  nothing  herein  contained  1 

shall  prevent  the  respective  oflBces  of  clerk,  treasurer,  assessor  and  marshal  j 

from  being  held  by  one  and  the  same  person.     (R.  C.  1905,  §  2857;  R.  C.  ' 

1899.  §  2358 ;  1903,  ch.  93,  §  2.)  ! 

See  Opinions  of  the  Attorney  General  Nos.  95  to  98  inclusive.  1 

§  3855.     HIGHEST  NUMBER  OF  VOTES  ELECTS.     DUTY  OF  IN-  ■ 

SPECTORS.     CONTEST.    The  persons  receiving  the  highest  number  of  ; 

votes  for  the  oflSce  of  trustee  shall  be  declared  elected  as  such  trustees,  and  \ 

the  persons  receiving  the  highest  number  of  votes  respectively  for  clerk,  : 
marshall,  assessor,  treasurer  and  justice  of  the  peace,  as  designated  by  the 

ballot  for  such  office,  shall  be  declared  elected ;  and  if  two  or  more  shall  i 

receive  an  equal  and  the  highest  number  of  votes,  and  there  is  no  choice.  I 

the  inspectors  of  such  election  shall  forthwith  determine  by  lot  whick  - 

shall  be  deemed  elected;  and  it  shall  further  be  the  duty  of  such  insi)ectore  j 

to  make  a  certified  statement  over  their  own  signatures,  of  the  i)ersons  j 

elected  to  fill  the  several  offices  in  said  village,  and  file  the  same  with  the  j 

County  Auditor  of  the  county  within  ten   days   after  the  date  of  suck  ; 

election ;  and  no  act  or  ordinance  of  any  board  of  trustees  chosen  at  such  j 
election  shall  be  valid  until  the  prpvisions  of  this  Section  are  substantially 
complied  with;  and  in  case  a  contest  of  the  election  of  any  or  all  of  the 

above  enumerated  officials  is  desired,  such  contest  shall  be  instituted  and  ■ 

carried  out  as  provided  in  Article  XXI  of  Chapter  11  of  the  Political  Code  j 

of  the  Compiled  Laws  of  North  Dakota  for  the  year  1913.     (1915,  ch.  2«8;  | 

R.  O.  1905,  §  2858;  R.  C.  1895,  §  2359.)  i 

Failure  of  election  officerc  to  make  certified  statement  of  election  will  not  j 

reader  election  Toid.    Stet«  ex  rel.  Walkin  v.  Shanks,  25  S.  D.  55,  125  N.  W.  122.  ' 


if 


ELECTION  LAWS  OF  NORTH  DAKOTA  265 

§  3856.  COUNTY  AUDITOR  TO  MAKE  RECORD  OF  STATEMENT. 
It  shall  be  the  duty  of  the  county  auditor  of  the  proper  county  to  make  a 
record  of  such  certified  statement,  for  which  services  there  shall  be  paid 
the  same  fee  as  is  allowed  for  similar  services  in  other  cases.  (R.  C. 
1905,  §  2859;  R.  C.  1899,  §  2360.) 

§  3857.  VACANCY  IN  BOARD  OF  TRUSTEES,  HOW  FILLED. 
A  vacancy  occurring  in  the  board  of  trustees  or  in  any  corporation  oflBee 
shall  be  filled  by  appointment  at  a  special  meeting  of  the  trustees  called 
for  that  purpose,  but  such  appointment  shall  be  made  from  the  district  if  a 
trustee  is  appointed,  and  shall  in  no  case  extend  beyond  the  annual  election 
provided  for  in  this  chapter.     (R.  C.  1905,  §  2860;  R.  C.  lS9tJ,  §"2361.) 

§  3858.  OATH  OF  OFFICERS.  The  board  of  trustees  chosen  as  afore- 
said shall  elect  a  president  from  its  own  body,  and  such  president,  trustees 
and  all  other  oflicers-elect  shall  within  five  days  after  such  election  take 
and  subscribe  before  some  person  authorized  to  administer  the  same  the 
usual  oath  or  affirmation  for  the  faithful  performance  of  the  duties  of  their 
respective  offices.     (R.  C.  1905,  §  2861 ;  R.  C.  1899,  §  2362.} 

ARTICLE  5.— QUALIFICATION  OF  OFFICERS. 

§  3869.  CERTAIN  OFFICERS  TO  GIVE  BONDS.  The  clerk,  as- 
sessor, treasurer,  marshal  and  justice  of  the  peace  shall  within  ten  days 
after  their  election  or  appointment  each  give  a  bond  payable  to  the  village 
with  freehold  sureties,  to  such  an  amount  as  the  board  of  trustees  shall 
direct;  but  the  bonds  of  the  treasurer  and  marshal  shall  respectively  be 
for  double  the  amount  of  the  estimated  tax  duplicate  for  the  current  year. 
(R.  C.  1905,  §  2870;  R.  C.  1899,  §  2371;  C.  L.  1887,  §  1049.) 

This  section  appears  as  here  printed  in  the  Revised  Codes  of  1895,  and  all 
subsequent  compilations;  this  law  was,  however,  amended  by  Ch.  110,  S.  L. 
1895,  to  read  as  follows: 

"1049.  The  clerk,  treasurer,  marshal  and  justice  of  the  peace  of  any 
incorporated  town  or  village  in  the  State  of  North  Dakota,  shall  within  ten 
days  after  receiving  notice  of  their  election  or  appointment  and  before  en- 
tering upon  the  duties  of  their  respective  offices,  execute  a  bond  with 
security,  to  be  approved  by  the  board  of  trustees  of  the  town  or  village, 
payable  to  the  town  or  village  in  such  i)enal  sum  as  may  by  resolution  or 
ordinance  be  directed  conditioned  for  the  faithful  performance  of  the  duties 
of  the  office,  and  the  payment  of  all  moneys  received  by  such  officers,  ac- 
cording to  law  and  the  ordinance  of  said  town  or  village ;  Provided,  That 
in  no  case  shall  the  bond  of  the  treasurer  be  fixed  at  a  less  sum  than  double 
the  amount  of  the  estimated  tax  and  special  assessment  for  the  current 
year,  which  bond  shall  be  filed  with  the  clerk  of  the  town  or  Tillage 
(except  the  bond  of  the  clerk  which  shall  be  file<l  with  the  treasurer 
of  the  town  or  village.)"     (1887,  §  1049.) 


266  STATE  OF  NORTH  DAKOTA 


§  3870.  BOOKS,  ETC..  TO  BE  DELIVERED  TO  SUCCESSOR.  All  ; 
books,  vouchers,  moneys  or  other  property  Ijelonging  to  the  corporation  j 
and  in  charge  or  possession  of  an  oflacer  of  the  same  shall  be  delivered  to  ■ 
his  successor  when  qualified.     (R.  C.  1905,  §  2871;  R.  C.  1899,  §  2372.)  | 

ARTICLE  14.— DISSOLUTION  OF  CORPORATION.  ] 

§  3903.     PETITION    FOR    ELECTION,    ETC.     When   an    application  ^ 

signed  by  one-third  of  the  legal  voters  of  any  incorporated  village  shall  be  ; 

presented  to  the  board  of  trustees  in  writing  asking  for  a  dissolution  of  the  j 

corporation,  setting  forth  the  reasons  therefor,  it  shall  be  competent  for  ! 

the  board  if  it  deems  the  reasons  good  to  call  a  meeting  of  the  voters  of  ; 

such  village  by  giving  ten  days'  notice  thereof  as  provided  in  this  chapter,  ; 
to  determine  whether  such  corporation  shall  be  dissolved.     The  board  of 

trustees  shall  preside  at  such  meeting  and  the  polls  shall  be  opened  as  at  \ 

other  elections,  and  the  voters  shall  vote  by  ballot,  "yes"  or  "no."    If  a  \ 

majority  of  all  the  votes  given  shall  have  thereon  the  word  "yes,"  and  such  i 

votes  shall  have  been  given  by  two-fifths  of  all  the  legal  voters  in  such  j 

village,  a  statement  of  the  vote  signed  by  the  president  and  attested  by  the  \ 

clerk  shall  be  filed  in  the  oflSce  of  the  register  of  deeds  of  the  county,  and  i 
such  village  shall  at  the  expiration  of  six  months  from  the  time  of  holding 

such  meeting  cease  to  be  a  corporation,  and  the  property  belonging  to  such  ' 

corporation  after  the  payment  of  its  debts  and  liabilities  shall  be  disposed  : 

of  in  such  manner  as  a  majority  of  the  voters  of  such  village  at  any  special  ' 

meeting  thereof  may  direct.     (R.  C.  1905.  §  2897;  R.  C.  1895,  §  2398.)  j 

CHAPTER  48.  ; 


ORGANIZATION  OF  VILLAGES  IN  TERRITORY  EMBRACING  MORE 
THAN  ONE  COUNTY. 

§  3932.  WHEN  ORGANIZED.  Whenever  any  area  of  contiguous 
territory  in  this  state,  not  exceeding  four  square  miles,  shall  have  residing 
thereon  a  population  of  not  less  than  one  hundred  inhabitants,  which  shall 
hot  already  have  been  included  within  the  corporate  limits  of  any  legally 
incorporated  village  or  city  and  which  territory  to  be  embraced  in  the 
limits  of  said  village  is  in  more  than  one  county,  such  territory  may  be- 
come incorporated  as  a  village,  in  the  manner  provided  in  chapter  thrity- 
ofafe  (31)  of  the  political  code  of  North  Dakota  (of  1905),  governing  the 
incorporation  of  villages  and  said  chnpter  31  of  the  political  code  is  hereby 
made  applicable  to  the  organization,  power,  duties  and  privileges  of  such 
village  and  as  to  the  authority  and  duties  of  its  oflBcers,  except  as  herein 
otherwise  specifically  provided  for.     (1911,  ch.  314,  §  1.) 

The  act  constituting  this  chapter  probably  supersedes   §  §     3564a-3564-e   so 
far  as  the  latter  relate  to  organization  of  villages. 


ELECTION   LAWS  OF  NORTH   DAKOTA  267 

i, 

Chapter  31  of  the  Political  Code,  to  which  reference  is  here  made  is  now 
Chapter  47,  comprising  §  §  3840,  3931. 

Who  may  maintain  quo  warranto  to  test  validity  of  organization  of  village. 
21  L.   R.   A.     (N.  S.)  685. 

§  3933.  CENSUS  AND  SURVEY.  Prior  to  the  commencement  of  any 
proceedings  to  incorporate  such  territory  as  a  village,  a  census  as  pre- 
scribed in  section  2844  of  the  Revised  Codes  for  1905  (section  3841  herein), 
shall  be  taken  and  a  survey  of  the  territory  so  to  be  incorporateid 
shall  be  made  in  accordance  with  section  2845  of  said  code  (section  3842 
herein),  and  furnish  proof  thereof  in  conformity  to  section  2847  R.  C. 
(section  3844  herein.)      (1911,  ch.  314,  §  2.) 

§  3934.  PETITION  FOR  INCORPORATION.  A  petition  signed  by 
not  less  than  one-third  (1-3)  of  the  qualified  voters,  residing  within  such 
territory,  shall  be  filed  in  the  oflice  of  the  county  auditor  of  the  county 
where  the  greater  part  of  the  territory  is  situated,  addressed  to  the  board 
of  county  commissioners  of  such  county,  which  petition  shall  define  the 
boundaries  of  such  |#oposed  village  and  state  the  number  of  inhabitants 
residing  within  such  limits,  and  also  state  the  name  of  such  proposed 
\  illage,  and  submit  a  verified  copy  of  the  census  taken  and  a  duplicate  map 
oi  the  survey  thereof,  and  such  petition  shall  contain  a  prayer  that  the 
question  be  submitted  to  the  qualified  voters  residing  within  such  limits, 
whether  they  will  organize  as  a  village  under  said  chapter.  It  shall  be 
the  duty  of  the  board  of  county  commissioners  to  make  an  order  fixing  a 
time  and  place  within  the  boundaries  of  such  proposed  village,  at  which  an 
electiq^^nay  be  held  to  determine  such  question  (providing  that  when  such 
territory  is  situated  in  more  than  one  county,  the  commissioners  shall 
designate  a  separate  election  place  in  each  county  for  that  portion  of 
territory  to  be  embraced  within  the  limits  of  the  proposed  village  so  to  be 
incorporated)  and  such  commissioners  shall  name  the  persons  to  act  as 
judges  in  holding  such  election,  and  shall  give  notice  thereof  by  causing 
the  same  to  be  published  in  a  weekly  newspaper  for  a  period  of  ten  days, 
if  there  is  a  newspaper  published  within  such  territory  or  by  causing  five 
notices  to  be  posted  in  public  places  within  such  proi)osed  village  for  ten 
days,  and  chapter  31  of  the  political  code  of  1905  (chapter  4T  herein),  ap- 
plicable hereto  relative  to  holding  elections  and  manner  of  voting  and 
form  of  ballot,  except  as  herein  otherwise  specifically  provided  for.  (1911, 
ch.  314,  §  3.) 

§  3935.  COMMISSIONERS  CANVASS  VOTES.  The  returns  of  such 
election  shall  be  made  to  and  canvassed  by  the  board  of  county  com- 
missioners who  ordered  such  election  and  the  result  of  such  election  shall 
l)e  entered  upon  the  records  of  such  coimty  commissioners,  and  if  a  ma- 
jority of  the  votes  cast  at  such  election  shall  be  for  incorporation,  the 
board  shall  make  an  order  declaring  that  such  village  has  been  in- 
corporated by  the  name  adopted  (stating  such  name),  and  cause  such 
order  to  be  spread  on  the  records  of  said  commissioners,  which  order 
shall  be  conclusi^  of  such  incorporation  in  all  suits  by  or  against  such 


an  STATE  OF  NORTH  DAKOTA 

Tillage,  and  the  existence  of  such  corporation  by  the  name  and  style  afore- 
Baid,  shall  thereafter  be  judicially  taken  notice  of  in  all  courts  in  this  state. 
A  certified  copy  of  such  order  shall  be  at  once  transmitted  to  each  county 
within  which  a  portion  of  such  territory  may  be  situated  and  the  auditor 
of  such  county  shall  likewise  make  a  record  thereof  on  the  commissioners'^ 
books.     (1911,  ch.  314,  §  4.) 

§  3936.  PLACE  OF  ELECTION.  Whereas,  this  act  (chapter)  pro- 
vides that  villages  may  be  incorporated  embracing  territory  situated  with- 
in more  than  one  county;  and 

Whereas,  a  voter  cannot  cast  his  vote  in  a  county  other  than  the  one 
in  which  he  is  a  qualified  voter, 

Be  it  hereby  provided  for,  and  made  a  part  of  this  act  (chapter),  that 
the  territory  embraced  within  the  limits  of  such  corporation  be  divided 
into  as  many  election  places  as  there  are  portions  of  counties  embraced 
and  the  whole  of  such  territory  to  be  divided  into  districts  in  accordance 
with  section  2852  of  the  Revised  Codes  (section  3849  herein).  There 
shall  be  a  board  of  election,  consisting  of  two  judges  and  two  clerks  for 
each  election  place,  appointed  by  the  board  of  trustees  at  their  regular 
meeting  preceding  the  day  of  any  election  to  be  held  within  such  village, 
and  such  election  boards  to  make  due  returns  to  the  board  of  trustees  im- 
mediately after  the  votes  are  counted  and  recorded,  and  shall  receive  two 
dollars  per  day  for  their  services.  (1911,  ch.  314,  §  5.) 
State  V.  Nichols,  39  N.  D.  4,  166  N.  W.  813. 

§  3937.  OFFICE  OF  VILLAGE.  The  officers  of  a  corporation 
created  under  and  by  virtue  of  this  act  (chapter)  may  maintain  an  office 
for  the  performance  of  their  duties  in  any  portion  of  the  limits  of  said 
corporation,  but  all  official  proceedings  must  be  headed  with  the  name  of 
the  village,  with  the  name  of  each  county  of  which  a  portion  is  embraced 
in  such  corporate  limits  and  the  name  of  the  state  of  North  Dakota.  The 
seal  to  be  used  by  such  village  shall  also  contain  the  names  as  above  set 
forth.     (1911,  ch.  314,  §  6.) 

§  3938.  ASSESSOR,  HOW  ELECTED.  In  addition  to  the  officers 
to  be  elected  by  such  village  in  accordance  with  section  2857,  chapter  31  of 
Revised  Codes  of  North  Dakota  (section  3854  herein),  there  shall  be 
elected  an  assessor  for  each  of  the  counties  of  which  a  portion  is  embraced 
within  the  limits  of  such  village,  and  such  assessor  shall  have  the  sume 
powers  and  duties  as  assessors  in  villages  situated  within  the  limits  of 
one  county,  and  shall  be  governed  accordingly.  (1911.  ch.  314,  §  7.) 
CHANGING  WARDS. 

§  3984.  MANNER  OF  HOLDING  ELECTION  IN  NEW  WARD.  Ten 
days  before  the  next  regular  election  the  council  shall  designate  the  proper 
polling  place  or  places  for  the  new  ward  or  wards,  appoint  judges  and 
clerks,  and  make  all  necessary  provisions  for  holding  the  election  in  the 
new  ward  or  wards,  naming  the  several  officers  to  be  chosen.  (R.  C.  1905, 
I  2961;  1887,  ch.  110,  §  5;  R.  C.  1899,  §  2453.) 


ELECTION  LAWS  OF  NORTH  DAKOTA 


ARTICLE  10.— WATERWORKS  AND  FIRE  APPARATUS. 
§  3990.     AUTHORIZED  TO  PURCHASE  FIRE  APPARATUS,  ETC. 

All  cities,  towns  and  villages  in  this  state  having  a  population  of  one 
thousand  inhabitants  or  more  are  authorized  and  empowered  to  purchase, 
erect,  lease,  rent,  manage  and  maintain  any  system  or  part  of  system  ot 
waterworks,  hydrants  and  supply  of  water,  telegraph  fire  signals  or  fire 
apparatus  that  may  be  of  use  in  the  prevention  and  extinguishment  of 
fires ;  and  to  pass  such  ordinances,  penal  or  otherwise,  as  may  be  necessary 
for  the  full  protection,  maintenance,  management  and  control  of  the 
property  so  leased,  purchased  or  erected.  The  city  coimcil  or  board  of 
trustees  of  such  city,  or  municipal  cori)oration  is  authorized  and  empow- 
ered to  assess,  levy  and  collect  taxes  for  the  purposes  aforesaid,  and  to 
do  all  acts  necessary  to  carry  such  lease  and  contracts  of  purchase,  erec- 
tion or  maintenance  into  effect,  and  to  pay  the  stipulated  rent  or  contract 
prices  for  the  property  so  leased,  purchased,  erected  or  to  be  maintained; 
provided,  that  any  such  lease  or  contracts  for  purchase,  erection  or  main- 
tenance which  shall  stipulate  for  an  annual  payment  greater  than  an  an- 
nual levy  of  seven  mills  upon  each  dollar  of  the  assessed  valuation  of 
such  city  or  municipal  cori>oration  shall  not  be  authorized  until  the  contract 
providing  therefor  shall  first  have  been  submitted  to  a  vote  of  the  people 
of  such  city  or  municipal  corporation  at  a  general  or  special  election  and 
ratified  by  a  majority  of  the  voters  of  said  city  or  municipal  corporation 
voting  at  such  election.  (R.  C.  1905,  §  2963;  1899,  ch.  172;  R.  C.  1899, 
§  2459.) 

Power  to  assess  abutting  property  for  expense  of  lajring  water  mains. 
Lee  T.  Town  of  MeUette,  15  S.  D.  586,  90  N.  W.  855. 

City  may  sever  connection  with  lateral  pipes  to  water  mains  when  abutting 
owner  refuses  to  pay  for  repairing.  Jackson  v.  Ellendale,  4  N.  D.  478,  61  N.  W. 
1030. 

Power  of  legislature  to  compel  mtmicipality  to  establish  water  {dant,  or  to 
purchase  existing  plant.    44  L.  R.  A  (N.  S.)  1189. 

Taxation  of  waterworks  owned  by  municipality.    60  L.  R.  A  851. 

Is  power  conferred  upon  a  municipality  to  provide  waterworks  lifnited  to 
eaublishment  of  a  mtmicipal  plant.    19  L.  R.  A  (N.  S.)  183. 

Contract  to  purchase  plant  for  municipal  water  supply.    61  L.  R.  A  46. 

Right  of  mtmicipality  to  make  profit  from  its  water  or  lighting  plant.  24 
L.  R.   A.   (N.  S.)   290. 

Effect  of  limitation  of  municipal  indebtedness  upon  the  acquisitJon  ot  a 
water  supply.    59  L.  R.  A  604;  12  L.  R.  A  (N.  S.)  433. 

Right  of  taxpayer  in  absence  of  statute  to  enjoin  unlawful  e]q>enditttres 
for  waterworks.    36  L.  R.  A  (N.  S.)  20. 

Liability  of  mtmicipality  operating  a  waterworks  system,  for  breadi  of  dnty 
to  constmier.    42  L.  R.  A  (N.  S.)  286. 

for   lack   of  water   to   extinguish    fire.    23   L.   R.    A.   146; 

61  L.  R.  A  95;  25  L.  R.  A  (N.  S.)  239;  36  L.  R.  A  (N.  S.)  1045. 

for  tort  in  connection  with  waterworks  system.    61  L.  R. 

A  58;  25  L.  R.  A  (N.  S.)  239. 

Liability  of  water  company  in  tort  for  loss  to  one  sustaining  no  contract 
relation  with  it,  by  its  failure  to  comply  with  its  contract  with  the  municipal- 
ity.   6  L.  R.  A  (N.  S.)  1171;  21  L.  R.  A  (N.  S.)  1021. 


270                   STATE  OF  NORTH  DAKOTA  j 

_                                                                                              —  ^ 

§  3991.     HOW    CONSTRUED.    The    last    section    shall   not   be    con-  \ 

strued  to  modify  or  affect  the  power  of  any  city,  town  or  village  or  the  i 

power  of  the  city  council  or  board  of  trustees  thereof  as  authorized  and  ; 

granted  by  the  charters  of  such  cities,  towns  or  villages  or  the  laws  under  j 

which  they  were  incorporated,  where  said  charter  or  law  shall  have  ex-  ! 
pressly  given  to  such  municipality  the  power  to  lease,  rent  or  maintain 

such  property.     (R.  C.  1905,  §  2964;  1887,  ch.  105,  §  2;  R.  C.  1895,  §  2460.)  j 

§  3992.     ELECTION  TO  DETERMINE  SALE.    When  any  city,  town  ■ 

or  village  shall  own  the  waterworks  system  of  such  city,  town  or  village,  ^ 

neither  the  city  council  nor  the  authorities  of  any  such  city,  town  or  village  \ 

shall  have  authority  to  sell  or  dispose  of  such  waterworks  system,  mains,  j 

pumping  stations  or  any  part  thereof,  unless  the  proposition  to  sell  the  j 

same  shall  first  have  been   submitted  to  the  legal  voters   of  such  city,  \ 

town  or  village  at  a  special  election  called  for  that  purpose,  and  such  sale  j 

shall  have  been  authorized  by  a  majority  vote  of  all  the  votes  cast  at  such  ! 

election ;  provided,  that  nothing  herein  shall  prevent  the  city  council  of  j 

any  city  from  selling  or  disposing  of  any  machinery,  material  or  other  j 

property  belonging  to  any  such  system  which  may  have  become  inadequate  j 

or  InsuflScient  for  the  purpose,  for  which  the  same  was  intended  to  be  | 

used.     (R.  C.  1905,  §  2965;  1893,  ch.  134,  §  1;  R.  C.  1899,  §  2461.)  ; 

ARTICLE  13.— FREE  LIBRARIES.  i 

i 

§  4007.  LIBRARY  FUND,  HOW  PROVIDED.  The  city  council  of  ; 
each  city,  not  exceeding  in  population  fifty  thousand  inhabitants,  and  i 
each  village  or  township  board  of  every  village  and  township  containing  1 
over  four  hundred  inhabitants,  shall  have  the  power  to  establish  and  , 
maintain  a  public  library  and  reading  room,  and  for  such  purpose  may  ; 
annually  levy  and  cause  to  be  collected,  as  other  taxes  collected,  a  tax  ; 
not  exceeding  four  mills  on  each  dollar  of  the  taxable  property  of  such  ! 
city,  village  or  township,  to  constitute  the  library  fund,  which  fund  shall  ; 
be  kept  separate  and  apart  from  the  other  money  of  the  city,  village  or  I 
township,  by  the  treasurer  thereof,  and  the  same  shall  be  used  ex- 
clusively for  such  purpose,  provided,  that  no  library  shall  be  so  established  '. 
without  first  receiving  the  approval  of  the  majority  of  the  electors  of  such  | 
city,  village  or  township,  voting  on  such  question  at  any  general  election  1 
at  which  it  may  be  submitted  to  a  vote.  (1911,  ch.  179 ;  1909,  ch.  155 ;  R  C.  i 
1905,  8  2972;  1887,  ch.  56,  §  1;  R.  C.  1899,  §  2467;  1901,  ch.  97.)  ' 

ARTICLE  14.— BONDS  OF  MUNICIPAL  CORPORATIONS. 

i 

1 

§    4014.      BONDED    INDEBTEDNESS.      FOR    WHAT    INCURRED.  | 

LIMIT  OF.    Any  city  or  municipal  corporation  in  this  state  may  incur  a  ; 

bonded  indebtedness  for  the  purpose  of  erecting  public  school  buildings  and  ! 

other  buildings  for  city  purposes,  purchasing  fire  apparatus,  putting  in  ; 


ELECTION   LAWS  OF  NORTH   DAKOTA  271 

water  works,  sinking  public  wells  or  cisterns  and  putting  in  sewers  and 
improving  streets,  which  said  indebtedness,  together  with  the  indebtedness 
which  then  exists  shall  not  except  as  otherwise  provided,  exceed  five 
per  cent  of  the  assessed  valuation  of  the  taxable  property  in  such  city  or 
municipal  corporation  as  shown  by  the  return  of  the  asessor  for  the  year 
next  preceding  the  time  at  which  such  indebtedness  shall  be  incurred. 
Provided,  that  any  incorporated  city  may  by  a  three-fourths  vote  of  resident 
property  owners  increase  such  indebtedness  three  per  centum  on  such 
assessed  value  beyond  said  five  per  cent  limit.  (1911,  ch.  70:  R.  C  1905, 
§  2979 ;  1887,  ch.  16,  §  1 ;  1890,  ch.  97,  §  1 ;  R.  C.  1899,  §  2474.) 

Liability  of  government  or  other  public  body  for  its  own  obligations,  st<den 
from  it.    39  L.  R.  A.   (N.   S.)  444. 

Issue    of   bonds    in   payment   of   municipal    water   works.    61    L.    R.    A.    49. 

Holders  as  necessary  parties  to  proceedings  to  invalidate  municipal 
bonds.    3  L.  R.  A.   (N.  S.)  256. 

Corporate  bonds  as  subject  of  attachment  as  tangible  property.  36  L,  R. 
A.   (N.  S.)  421. 

Right  of  taxpayer,  in  absence  of  statute,  to  enjoin  issuance  or  payment 
of  municipal  bonds.    36  L.  R.  A.  (N.  S.)  3. 

§  4015.  BONDS,  HOW  ISSUED.  ELECTION.  The  bonds  issued  for 
the  purposes  mentioned  in  the  last  section  shall  be  issued  by  the  city 
council  or  board  of  trustees  of  any  city  or  municipal  corporation  only  upon 
a  majority  x6te  of  the  qualified  electors  of  such  city  or  municipal  cor- 
poration voting  thereon  at  an  election  regularly  called  for  that  purpose 
and  in  accordance  with  the  provisions  of  the  charter  of  such  city  or 
municipal  corporation  governing  the  issuance  and  sale  of  bonds;  pro- 
vided that  in  all  cities  and  municipal  coii)orations  where  the  charter  does 
not  provide  the  manner  of  calling  and  holding  an  election  for  the  purpose 
aforesaid,  a  special  election  shall  be  called  and  held  as  herein  provided, 
or  such  question  may  be  submitted  at  any  annual  election.  The  city 
council  or  board  of  trustees  at  any  regular  meeting  thereof  may  decide 
to  call  a  special  election  to  vote  bonds  for  any  of  the  puriwses  stated  in 
section  4014,  and  they  shall  give  at  least  fifteen  days'  public  notice  of 
such  election  by  at  least  two  publications  thereof  in  a  weekly  newspaper 
published  therein,  or  if  there  is  no  such  newspaper  then  by  posting  such 
notice  in  five  public  places  in  such  city.  Such  notice  shall  state  the 
amount  and  denomination  of  the  bonds  to  be  voted  for,  the  rate  of  interest 
thereof,  the  purpose  for  which  such  Ijonds  are  to  be  issued,  the  form  of 
the  ballots  to  be  used  and  the  time  and  place  of  holding  such  election. 
The  judges  and  clerks  shall  be  appointed  and  the  election  shall  be  con- 
ducted as  provided  by  the  charter  of  said  city  for  conducting  annual  elec- 
tions, and  the  returns  shall  be  canvassed  and  in  like  manner  returned. 
This  article  shall  not  be  construed  to  limit  or  restrict  the  jwwers  already 
conferred  by  any  special  charter  upon  the  council  of  any  city  or  municipal 
corporation.  The  bonds  voted  as  provided  for  in  this  article  shall  be  sold 
at  not  less  than  par  value.  (R.  C.  1905,  §  2980;  1887.  ch.  16.  §  §  2,  3; 
R.  C.  1899,  §  2475.) 


272  STATE  OF  NORTH  DAKOTA 


Object  or  purpose  that  may  be  combined  in  a  single  question  as  to  the  is- 
suance of  bonds  submitted  to  voters  of  a  municipality.    26  L.  R.  A.  (N.  S.)  665. 

On  what  basis  majority  essential  to  adoption  of  proposition  for  issuing 
municipal  bonds  is  to  be  computed.    22  L.  R.  A.  (N.  S.)  478. 

ARTICLE  15.— CITY  BONDS  FOR  AUDITORIUM,  GYMNASIUM,  PLAY 
GROUNDS,  PUBLIC  BATHS,  ETC. 

§  4016.  BONDED  INDEBTEDNESS,  PURPOSES  FOR  WHICH  IN 
OUBRED.  The  board  of  city  commissioners  or  the  city  council  of  any 
city  shall  have  the  power  to  submit  to  a  vote  of  the  electors  at  any  general 
or  special  election  propositions  for  the  issuing  of  bonds  for  the  erection 
of  a  municipal  auditorium,  armory,  the  erection  of  a  joint  auditorium  and 
armory,  public  play  grounds,  a  public  gymnasium,  public  baths,  or  othet 
public  places  of  amusements  or  entertainment,  and  for  the  purchase  of 
suitable  sites  for  such  erection  or  purpose;  and  in  case  a  majority  of 
the  electors  voting  on  any  such  proposition  vote  for  the  same  at  any 
regular  election,  or  at  any  special  election  called  for  that  purpose  it  shall 
be  the  duty  of  the  board  of  city  commissioners,  or  of  the  city  council  and 
mayor  of  any  city,  forthwith  to  issue  such  bonds  and  proceed  to  carry 
out  such  proposition  so  submitted.     (1913,  ch.  71,  §  1.) 

This  section  evidently  supersedes  paragraph  74  of  section  3818. 

§  4017.  BONDED  INDEBTEDNESS  LIMIT.  Bonds  for  such  purpos- 
es shall  not  be  voted  or  issued  in  a  sum  which  shall  increase  the  indebted- 
ness of  such  city  to  an  amount  exceeding  five  per  cent  of  the  assessad 
valuation  of  the  taxable  property  therein,  as  determined  by  the  last  pre- 
ceding city  assessment,  except  when  by  a  two-thirds  vote  at  a  general  or 
special  election  such  city  has  voted,  or  at  the  election  authorizing  such 
bond  issue,  votes  by  a  two-thirds  vote,  to  increase  such  indebtedness  three 
per  centum  on  such  assessed  value  beyond  said  five  per  cent  limit.  Such 
limitation  shall,  however,  in  no  manner  affect  the  right  of  any  city 
when  authorized  by  a  majority  vote  at  any  general  or  special  election  to 
become  indebted  in  an  amount  not  exceeding  four  per  cent  of  such 
value  without  regard  to  the  existing  indebtedness  of  such  city,  for  the 
purpose  of  constructing  or  purchasing  water  works  for  the  purpose  of 
furnishing  the  water  supply  to  the  inhabitants  of  such  city,  or  for  the 
purpose  of  constructing  sewers,  as  now  by  law  provided,  nor  shall  bonds 
so  issued  for  the  purpose  of  constructing  or  purchasing  water  works  for 
the  purpose  of  furnishing  a  water  supply  to  the  inhabitants  of  said  city, 
or  for  the  purpose  of  constructing  sewers  be  considered  or  included  in  de- 
termining the  debt  limit  of  any  city  in  the  manner  of  issuing  bonds  for 
any  of  the  purposes  hereinbefore  provided.     (1913,  ch.  71,  §  2.) 

Refunding   bonds  as  indebtedness  within   meaning  of  debt  limit   provisions. 
Z7  L.  R.  A.  (N.  S.)  1099. 

§  4018.  BONDS  PAID.  HOW.  No  bonds  issued  under  the  provisions 
of  this  article  shall  be  sold  for  less  than  their  par  value,  and  the  city  is- 


ELECTION  LAWS  OF  NORTH  DAKOTA  273 

suing  such  bonds  shall,  at  or  before  the  time  of  issuing  the  same  or  in- 
curring the  indebtedness  for  which  the  same  are  to  be  issued,  provide  for 
the  collection  of  a  direct  annual  tax  sufficient  to  pay  the  interest  on  such 
debt  or  such  bonds  when  it  falls  due,  and  to  pay  and  discharge  the  prin- 
cipal thereof  when  the  same  becomes  due,  and  such  provision  for  the 
collection  of  such  annual  tax  shall  be  irrepealable  until  such  debt  is  paid; 
provided,  further,  that  none  of  the  hereinbefore  mentioned  bonds  shall 
be  issued  unless  at  an  election  after  twenty  days'  notice  in  a  newspaper 
published  in  the  city,  stating  the  purpose  for  which  said  bonds  are  to  be 
issued  and  the  amount  thereof,  the  legal  voters  of  the  city  shall,  by  a 
majority  vote,  determine  in  favor  of  issuing  such  bonds;  provided,  fur- 
ther, that  no  bonds  issued  under  the  provisions  of  this  article  shall  be 
issued  for  a  longer  period  than  twenty  years.     (1913,  ch.  71,  §  3.) 

Payment  of  commissions  for  sales  of  bonds  as  violating  requirement  that 
bonds  shall  not  be  sold  for  less  than  par.    39  L.  R.  A.  (N.  S.)  248. 

Accrued  interest  as  part  of  par  value  within  prohibition  against  sale  of 
bonds  at  less  than  par.    35  L.  R.  A.  (N.  S.)  789. 

I 

PARK  DISTRICTS. 

§  4058.  ELECTION  OF  COMMISSIONERS.  FILLING  VACANCIES. 
The  powers  of  each  park  district  shall  be  exercised  by  a  board  of  park 
commissioners  consisting  of  five  members  who  shall  hold  office  for  the 
period  of  five  years  from  and  after  the  date  of  their  election  and  qualifica- 
tion and  until  their  successors  are  duly  elected  and  qualified,  except  the 
members  of  the  first  board,  who  shall  hold  office  as  follows :  One  member 
until  the  third  Tuesday  in  April  of  the  year  following  their  electii)n,  one 
member  until  one  year  from  the  last  mentioned  date,  one  member  until 
two  years  from  the  last  mentioned  date,  one  member  until  three  years 
from  the  last  mentioned  date  and  one  member  until  four  years  from  such 
last  mentioned  date.  The  members  of  the  park  commission  shall  qualify 
by  taking  and  filing  with  the  city  auditor  of  the  city  the  oath  prescribed 
by  section  211  of  the  constitution.  The  city  treasurer  shall  be  ex-officio 
treasurer  of  the  park  district.  He  shall  take  the  oath  prescribed  by 
section  211  of  the  constitution  and  shall  furnish  such  bond  as  may  be  re- 
quired by  the  commission.  The  members  of  the  commission  shall  be 
elected  by  the  qualified  electors  of  the  park  district.  He  shall  take  the 
oath  prescribed  by  section  211  of  the  constitution  and  shall  furnish  such 
bond  as  may  be  required  by  the  commission.  The  members  of  the 
commission  shall  be  elected  by  the  qualified  electors  of  the  park  district 
at  the  annual  city  election  held  on  the  first  Monday  of  April  of  each  year, 
shall  qualify  within  ten  days  after  their  election,  arid  shall  on  the  third 
Tuesday  of  April  organize  by  the  selection  of  a  president  and  vice- 
president.  The  first  board  may  be  elected  at  a  regular  annual  city  election 
or  at  a  special  election  for  that  purpose  called  by  the  city  council.  The 
members  of  the  board  shall  receive  no  compensation  for  their  services  as 


274  STATE  OF  NORTH  DAKOTA 

such,  and  shall  have  the  qualifications  of  electors  of  such  district.  They 
shall  not  be  interested  in  any  contract  entered  into  by  said  commission. 
Vacancies  on  such  board  shall  be  filled  by  the  board  until  the  next  regular 
election  of  members  of  the  board,  when  such  vacancies  shall  be  filled  by 
election.  Removal  of  residence  from  the  park  district  by  any  membei  of 
the  commission  shall  create  a  vacancy.  (1907,  ch.  179,  §  4:  R.  C.  1905, 
§  3020 ;  1905,  ch.  143,  §  4.) 

Fargo  V.  Geary,  33  N.  D.  64,  156  N.  W.  552. 

§  4059.  POWERS  OF  PARK  COMMISSION.  LIMITED  LEVY, 
BONDS ;  THE  PARK  COMMISSION  SHALL  HAVE  POWER 

♦  ♦*♦♦**♦*•• 

(6)  To  issue  negotiable  bonds  of  such  park  district  in  an  amount 
not  to  exceed  one  per  cent(  1%)  of  the  assessed  value  of  the  taxable 
property  within  such  park  district  for  the  preceding  year;  provided, 
.further,  that  no  bonds  shall  be  issued  as  hereinbefore  provided,  unless 
at  a  general  or  special  election  after  twenty  days  notice  in  a  newspaper 
published  in  the  city,  stating  the  purpose  for  which  such  bonds  are  to  be 
issued  and  the  amount  thereof,  the  legal  voters  of  such  park  district 
shall  by  a  majority  vote,  determine  in  favor  of  issuing  such  bonds;  pro- 
vided, further,  that  at  or  before  the  time  of  issuing  such  bonds  of  in- 
curring the  indebtedness  for  which  the  same  are  to  be  issued  provision 
shall  be  made  for  the  collection  of  direct  annual  tax  sufficient  to  pay  the 
interest  upon  said  debt  or  such  bonds  when  the  same  fall  due  and  to  pay 
and  discharge  the  principal  thereof  when  the  same  becomes  due,  and  such 
provisions  for  the  collection  of  such  annual  tax  shall  be  irrepealable  until 
such  debt  is  paid;  provided,  further,  that  the  bonds  issued  under  the 
provisions  of  this  chapter  shall  be  issued  for  a  longer  period  than  twenty 
years  and  that  such  bonds  shall  bear  interest  at  a  rate  not  to  exceed  six 
per  cent  (6%)  and  shall  be  sold  for  not  less  than  their  par  value.  Bonds 
as  hereinbefore  provided  to  be  issued  shall  be  so  issued  and  used  exclusive- 
ly for  the  purchasing  and  acquiring  of  land,  boulevards  and  ways  for 
such  parks  or  park  system  or  for  the  permanent  improvement  thereof 
including  the  erection  of  buildings,  pools,  ponds  and  the  erection  of  dams 
in  waters  adjacent  thereto.  The  Board  of  Park  Commissioners  are  hereby 
empowered  and  authorized  to  issue  bonds  in  place  of  or  to  supply  means 
to  meet  maturing  bonds  or  for  the  consolidation  or  funding  of  the  same 
(3921,  ch.  96,  subd.  6;  1917,  ch.  178;  1915,  ch.  71;  R.  C.  1913,  §  4059; 
1911,  ch.  75;  1909,  ch.  176,  §  5;  1907,  ch.  170,  §  5;  R.  C.  1905,  §  3021; 
1905,  ch.  143,  §  5.) 

VILLAGE  PARKS. 

§  4067.  COMMISSIONERS,  ELECTION  THEREOF  AND  FILLING 
OF  VACANCIES.  The  powers  of  each  park  district  shall  be  exercised  by 
a  board  of  commissioners  consisting  of  three  members,  who  shall  hold  office 


ELECTION  LAWS  OF  NORTH  DAKOTA  275 


for  a  period  of  three  years  from  and  after  the  date  of  their  election  and 
qualification,  except  the  members  of  the  first  board,  who  shall  hold  office 
as  follows :  One  member  until  the  first  annual  village  election ;  one  mem- 
ber until  one  year  from  the  last  mentioned  date  and  one  member  until  two 
years  from  such  last  mentioned  date.  The  members  of  the  park  commission 
shall  qualify  by  taking  and  filing  with  the  village  clerk  the  oath  pre- 
scribed by  section  211  of  the  constitution.  The  village  treasurer  shall  be 
ex-officio  treasurer  of  the  park  district,  and  he  shall  take  oath  prescribed 
by  section  211  and  shall  furnish  and  file  such  bond  as  may  be  required  by 
the  commission.  The  members  of  the  park  commission  shall  be  elected  by 
the  qualified  electors  of  the  village  at  the  annual  village  election,  and 
shall  qualify  within  ten  days  after  their  election,  and  shall  organize,  within 
ten  days  after  so  qualifying,  by  the  selection  of  president,  vice-president 
and  secretary.  The  first  board  may  be  elected  at  a  regular  or  special 
meeting  called  therefor  by  the  board  of  trustees  of  the  village.  The 
members  shall  receive  no  compensation  for  their  services,  and  shall 
have  the  qualifications  of  electors  of  the  village.  They  shall  not  be  in- 
terested in  any  contract  entered  into  by  said  commission.  Vacancies  on 
the  board  shall  be  filled  by  the  remaining  members  of  the  board  until  the 
next  regular  village  election  when  such  vacancies  shall  be  filled  by  election. 
(1913,  ch.  290,  §  4.) 

TOWNSHIPS 

HOW  ORGANIZED  AND  NAMED. 

§  4072.  PETITION  FOR  ORGANIZATION  OF  TOWNSHIP  When- 
ever a  majority  of  the  legal  voters  of  any  congressional  township  in  this 
state  having  an  assessed  valuation  exceeding  forty  thousand  dollars  and 
containing  twenty-five  legal  voters  petition  the  board  of  coimty  commis- 
sioners to  be  organized  as  a  township  under  this  article  such  board  shall 
forthwith  proceed  to  fix  and  determine  the  boundaries  of  such  new  town- 
ship and  to  name  the  same ;  and  the  board  shall  make  a  full  report  of  all 
its  proceedings  in  relation  to  laying  off  such  township  and  file  the  same 
with  the  county  auditor.  (R.  C.  1905,  §  3047 ;  1883,  ch.  112,  sub.  ch.  1,  §  1 ; 
R.  C.  1899,  §  2526;  1905,  ch.  179.) 

§  4073.  FRAGMENT  OF  TO^VNSHIP  ATTACHED  TO  ADJOINING 
TOWNSHIP.  A  fraction  of  a  township  may  be  attached  by  such  board 
to  an  adjoining  township  or  be  divided  between  two  or  more  townships  or 
organized  separately,  according  to  the  wishes  of  a  majority  of  the  legal 
voters  to  be  affected  thereby ;  and  when  rivers,  lakes  or  creeks  so  divide  a 
township  as  to  make  it  inconvenient  to  do  township  business,  such 
board  may  dispose  of  any  fraction  so  formed  by  annexing  the  same  to  an 
adjoining  township  in  the  same  county  if  it  shall  seem  to  it  proper, 
whenever  jpetitioned  to  do  so  by  not  less  than  two-thirds  of  the  legal 


2Jf,  STATE  OF  NORTH  DAKOTA 

voters  residing  in  such  fraction,  and  the  fact  that  any  such  petition  is 
signed  by  two-thirds  of  such  voters  may  be  proved  by  the  aflBdavit  of  any 
legal  voter  residing  in  such  fraction  having  knowledge  of  the  fact;  and 
townships  having  two  or  more  villages  or  cities,  each  containing  two 
hundred  or  more  inhabitants,  may  petition  the  board  of  county  commis- 
sioners for  division ;  and  whenever  the  board  is  so  petitioned,  it  may,  if  it 
thinks  the  interest  of  such  township  will  be  subserved  thereby,  divide 
such  townships  in  such  manner  as  will  best  suit  the  convenience  of  the 
territory,  and  the  board  of  county  commissioners  of  any  county  lying 
west  of  the  Missouri  river  may  unite  not  less  than  two  congressional 
townships  into  one  civil  township,  or  may  add  not  more  than  three  con- 
gressional townships  to  any  congressional  township  already  organized  as  a 
civil  township,  when  petitioned  by  a  majority  of  the  legal  voters  affected 
thereby,  if  in  the  opinion  of  the  board  the  best  interests  of  such  townships 
will  be  subserved  thereby ;  provided,  that  at  least  twenty  days'  notice  shall 
be  given  by  the  board  of  county  commissioners  to  the  chairman  of  the 
board  of  supervisors  of  each  township  affected  by  the  change  before  action 
is  taken  thereon;  provided,  further,  that  nothing  herein  contained  shall 
be  construed  to  release  any  property  in  or  belonging  to  that  part  of  any 
township  so  detached  from  any  tax  levied  or  assessed  prior  to  such  di- 
vision being  made;  provided,  also  that  the  portion  of  any  township  an- 
nexed to  any  other  township,  and  any  village  or  city  separated  from  any 
township,  under  the  provisions  of  this  article,  shall  not  be  released  from 
nor  in  any  way  discharged  from  the  payment  of  any  bonded  or  other 
indebtedness  that  may  exist  against  the  townships  from  which  separation 
has  been  made.  (1913,  eh.  91;  R.  C.  1905,  §  3048;  1883,  ch.  112,  sub-ch. 
1,  §  2;  1885,  SpL,  ch.  50,  §  1;  K.  C.  1899,  §  2527.) 

Division  of  territory  of  town  as  affecting  its  assets  and  liabilities.     39  L. 
R.  A.  (N.  S.)  285. 

§  4074.  NAME  OF  TOWNSHIP.  Townships  thus  formed  shall  be 
named  in  accordance  with  the  expressed  wish  of  a  majority  of  the  legal 
voters  residing  therein,  but  if  they  fail  to  designate  a  name  the  board 
of  county  commissioners  may  select  a  name.  (R.  C.  1905,  §  3049;  1883, 
ch.  112,  sub-ch.  1,  §  3;  R.  C.  1899,  §  2528.) 

§  4075.  FIRST  TOWNSHIP  MEETING.  The  board  of  county  com- 
missioners shall  thereupon  make  out  notices  designating  a  suitable  place 
for  holding  the  first  township  meeting  in  each  township,  which  shall  be 
held  within  twenty  days  after  the  township  is  organized;  and  the  county 
auditor  shall  deliver  such  notice  to  the  sheriff  o'f  the  county,  who  shall 
cause  the  same  to  be  posted  in  each  township  not  less  than  ten  days 
before  the  day  set  for  such  meeting.  (R.  C.  1905,  §  3050:  1883,  ch.  112, 
sub-ch.  1,  §  4;  R.  C.  1899,  §  2529.) 


ELECTION  LAWS  OF  NORTH  DAKOTA  m 


DIVISION  OF  ORGANIZED  TOWNSHIPS. 

§  4079.  CIVIL  TOWNSHIPS,  HOW  FORMED.  Any  cougressional 
township  or  fraction  thereof,  bordering  on  a  lake  or  bordering  on  a  river, 
containing  more  than  eighteen  sections  of  land,  which  has  residing  there- 
in one  hundred  or  more  inliabitants,  and  forming  a  part  of  an  organized 
civil  township,  may  be  set  apart  and  organized  as  a  separate  civil  town- 
ship in  the  manner  herein  provided,  and  when  duly  organized  shall  have 
the  same  powers  and  privileges  and  be  subject  to  the  same  liabilities  and 
restrictions  as  other  civil  townships,  except  as  herein  otherwise  provided ; 
but  no  civil  township  shall  be  so  formed  under  the  provisions  of  this 
article  as  to  leave  residing  in  the  township  from  which  it  is  separated  less 
than  one  hundred  inhabitants ;  provided,  such  separation  shall  be  made 
only  upon  congressional  township  lines.  (1909,  ch,  221 :  R.  C.  1905,. 
§  3054;  1899,  ch.  60:  R.  C.  1899,  §  2533.) 

§  4080.  PETITION  COUNTY  COMMISSIONERS.  NOTICE  PUB 
LISHED,  The  legal  voters  residing  in  such  congressional  or  fractional 
township  bordering  on  a  lake,  may  petition  the  board  of  coimty  commis- 
sioners of  the  county  in  which  it  is  situated,  at  any  regular  meeting  of 
said  board,  to  be  set  off  as  a  separate  civil  township,  upon  at  least  thirty 
days'  previous  notice  thereof,  and  of  the  time  and  place  of  application, 
which  notice  shall  be  published  at  least  three  times  in  the  newspaper 
in  which  the  proceedings  of  said  board  are  published,  or,  if  there  is  none 
such,  notice  shall  ])e  posted  in  at  least  three  public  places  in  the  pro- 
posed new  township,  and  as  many  more  elsewhere  in  the  township  ef- 
fected thereby,  one  of  which  shall  be  at  the  place  where  the  last  election 
was  held.     (R.  C.  1905,  §  3055;  1899,  ch.  60;  R.  C.  1895.  §2534.) 

§  4081.  WHEN  BOARDS  SHALL  SET  OFF  TOWNSHII*«.  ELEC- 
TION. Upon  presentation  of  such  petition  signed  by  a  majority  of  the 
legal  voters  residing  within  such  proposed  township  and  due  proof  of 
notice  as  herein  provided  and  of  the  further  fact  that  the  territory  has 
the  requisite  number  of  inliabitants  and  the  petition  the  requisite  number 
of  competent  signers  as  aforesaid  the  board  shall  proceed  to  set  off  said 
congressional  or  fractional  township  bordering  on  a  lake  as  a  separate  civil 
township  and  constitute  the  same  an  election  precinct,  and  designate  the 
place  of  holding  elections  and  the  time  and  place  of  holding  the  first 
township  meeting  therein,  and  the  name  adopted  for  such  township,  and 
notice  thereof  shall  be  given  as  in  other  cases.  The  board  of  county 
commissioners,  within  thirty  days  after  such  election,  shall  meet  as  a 
board  of  arbitrators  together  with  the  county  auditor  and  judge  of  the 
county  court  and  determine,  subject  to  appeal  to  the  district  court,  upon  a 
just  and  fair  distribution  of  the  property  and  apportionment  of  the  debt 
of  said  township  between  the  townships  so  formed  from  said  origihal 
township.     (R.  C.  1905,  §  3050;  1899,  ch.  60;  R.  C.  1899,  §  2535.) 


278  STATE  OF  NORTH  DAKOTA 


ARTICLE  4.— ANNUAL  TOWNSHIP  MEETINGS.  ; 

§  4086.     ANNUAL  TOWNSHIP   MEETING,    WHEN    HELD.        The  j 
citizens  of  the  several  townships  of  this  state,  qualified  to  vote  at  general 

elections,  shall  annually  assemble  and  hold  township  meetings  in  theii  ^ 

respective  townships,  on  the  third  Tuesday  in  March  at  such  place  in  : 

each  township  as  the  electors  thereof  at  their  annual  township  meetings  , 

from  time  to  time  appoint;  and  notice  of  the  time  and  place  of  holding  ^ 

such  meetings  shall  be  given  by  the  township  clerk,  by  posting  up  written  i 
or  printed  notices  in  three  of  the  most  public  places  in  such  township 

at  least  ten  days  prior  to  such  meetings ;  provided,  that  before  any  change  j 

of  place  of  holding  meetings  is  made,  notice  of  such  contemplated  change  \ 

may  be  given  by  any  member  of  the  township  board  to  the  township  clerk,  J 

who  shall  in  his  regularly  printed  or  written  notices  as  above  provided,  ] 

incorporate   the  special   notice   of   the   contemplated  change  of  place  of  \ 
holding  such  meetings.      (R.  C.  1905,   §  3061:   1899.  ch,  159;   R.  O.   1899, 
§  2540;  1901,  ch.  208;  ch.  23,  §  11,  Pol.  C.  1877.) 

See  Opinions  of  the  Attorney  General,  No.  99.  i 

Township    election    day    not    legal    holiday.      State    v.    Currie,    8    N.    D.    545, 

80    N.    W.    475.  I 

On  right  to  raise  money  for  highway  purposes  at  annual  town  meeting  and  j 

disposition    of    fund    illegally    raised.      Miner    v.    Clifton    Twp.,    30    S.     D.    127,  ; 

137  N.  W.  585.  ] 

I 

§  4087.      TOWNSHIP    OFFICERS,    WHEN    ELECTED.      TERM    OF  ; 

OFFICE:     There  shall   be   elected   at    the   annual    township    meeting   in  : 
each   township  one  supervisor  for  a   term  of  three  years :   one  township 

clerk,  one  assessor,  one  treasurer,  two  justices  of  the  peace  and  two  con-  ] 

stables  shall  be  elected  once  in  two  years,  except  to  fill  vacancies.  j 

In  the  event  that  the  county  commissioners  have  not  at  their  regular  \ 

meeting  after  April  first  appointed  a  county  superintendent  of  highways,  ■ 

then    the  board  of   supervisors   shall   appoint   one   overseer   of   highways  ' 

for  each   township,   who  .shall  hold  liis  office  during  the  pleasure  of  the  > 

board.  j 

At  the  first  annual  township  meeting  in  each  township  after  the  j 
taking  effect  of  this  article,  there  shall  be  elected  at  large  for  each 
township,  three  supervisors,  one  to  serve  until  the  first  annual  town-  1 
ship  meeting,  one  to  serve  until  the  second  annual  township  meeting  j 
and  one  to  serve  until  the  third  annual  township  meeting  thereafter;  , 
provided,  that  the  provisions  hereof  shall  not  affect  the  terms  of  super- 
visors elected  prior  to  the  taking  effect  of  this  act   (section  4087). 

The   board   of   supervisors   at   the   first   regular   meeting   shall   elect  ■ 

one  of  their  members  as  chairman   to  serve  for  a   period  of  one  year.  1 

(1913,  ch.  00;   1911,   ch.  306;   R.    C.   1005,    §  .3062;    18S3,   ch.    112.   sub-ch.  \ 

1.  §  12;  R.  C.  1899.  §  2.541:  1JK).5.  oh.  182:  ch.  2.3.  §  10.  Pol  C.  1S77.)  1 


ELECTION  LAWS  OF  NORTH  DAKOTA  279 


See  Opinions  of  the  Attorney  General,  Nos.  100,  101  and  102. 
Supervisors    not    empowered    to    purchase    road    machine    without    electors' 
authority.     R  C.   Austin  Mfg.   Co.  v.  Twin  Brooks  Twp.,  16  S.   D.   126,  91   N. 

§  4088-  POWERS  OF  ELECTORS.  The  electors  of  each  township 
have  power  at  the  annual  township  meeting: 

1.  To  determine  the  number  of  poundmasters  and  the  location  of 
pounds. 

2.  To  select  such  township  oflBcers  as  are  required  to  be  chosen. 

3.  To  direct  the  institution  or  defense  of  action  in  all  controversies 
where  such  township  is  interested. 

4.  To  direct  such  sums  to  be  raised  in  such  township  for  the  prose- 
cuting or  defending  such  actions  as  they  may  deem  necessary. 

5.  To  make  all  rules  and  regulations  for  impounding  of  animals. 

6.  To  impose  such  penalties  on  persons  offending  against  any  rule 
or  regulation  established  by  the  township  as  they  think  proper,  not 
exceeding  ten  dollars  for  each  offence,  except  as  herein  otherwise  pro- 
vided. 

7.  To  apply  such  penalties  when  collected  in  such  manner  as  they 
deem  most  conducive  to  the  interests  of  the  township. 

8.  To  ratify  or  reject  recommendations  offered  by  the  township 
board  of  supervisors  for  the  expenditure  of  funds  for  the  purpose  of 
purchasing  building  sites  and  purchase,  location,  erection  or  removal 
of  any  building  or  erection  for  township  purposes;  provided,  that  no 
such  recommendation  shall  be  adopted  otherwise  than  by  a  two-thirds 
vote  of  the  electors  present  and  voting  at  any  annual  township  meeting. 

9.  To  authorize  and  empower  the  board  of  township  supervisors  to 
purchase  liquids,  compounds  or  other  ingredients  to  cause  the  destruc- 
tion of  noxious  weeds,  and  to  authorize  the  purchase  of  sprinklers  to  be 
used  in  spraying  said  liquids  or  compounds  for  the  destruction  of  noxious 
weeds;  but  that  no  township  shall  purchase  more  than  two  such  sprink- 
lers in  any  one  year.  (1909,  ch.  223;  1907,  ch.  255,  §  1;  1883,  ch.  112,  sub- 
ch.  1,  §  13;  R.  C.  1899.  §  2542;  R.  C.  1905,  §  3063;  ch.  23,  §  20.  Pol.  C. 
1877.) 

Ch.  261.  S.  L.  1915:  DISTRICT  FAIR  ASSOCIATIONS.  S  1.  At 
each  annual  township  meeting  of  any  township  in  any  county  of  the 
state  the  electors  thereof  may  vote  upon  the  question  of  contributing  to 
the  support  of  a  district  fair  association.  If  the  majority  of  the  votes 
cast  on  the  question  are  in  favor  of  contributing  to  the  aid  of  such  fair 
association   the   township  shall  pay   to   the   treasurer   of  the  fair   asso- 


280  STATE  OF  NORTH  DAKOTA 

elation  a  sum  not  to  exceed  one  hundred  dollars,  the  amount  to  be  determ- 
ined at  said  annual  township  meeting;  provided,  that  no  township  shall 
contribute  to  the  support  of  more  than  one  district  fair  association. 

§  2.  DISPOSITION  OF  MONEY  CONTRIBUTED.  Twenty-five  per 
cent,  of  the  money  contributed  by  any  township  to  the  support  of  a  district 
fair  association  shall  go  into  the  general  fund  of  the  association,  and  the 
remaining  seventy-five  per  cent,  shall  be  expended  by  the  fair  association 
in  the  purchase  of  prizes  which  shall  be  offered  and  given  to  compe- 
titive exhibitors  who  are  residents  of  the  township  which  made  the  con- 
tribution. 

§  3.  REPORT.  It  shall  be  the  duty  of  the  secretary  of  the  fair 
association  to  file  a  report  with  the  township  clerk  of  the  township 
which  made  the  contribution  to  said  fair  association  which  report  shall 
contain  a  list  of  the  prizes  given  to  exhibitors  of  the  township,  the  names 
of  such  exhibitors  and  the  amount  paid  for  such  prize.^. 

Ch.  Ill,  S.  L.  1917:  DIPPING  TANKS.  §  1.  In  any  township  in 
any  county  of  this  state  on  the  presentation  of  a  petition  signed  by  at 
least  six  resident  free  holders  of  said  township  to  the  board  of  township 
supervisors  of  such  township  petitioning  for  the  establishment  and  con- 
struction of  a  dipping  station  within  such  township,  the  board  of  town- 
ship supervisors  of  such  township  shall  submit  the  question  of  establish- 
ing such  dipping  station  to  the  electors  of  such  township  at  the  nejft 
annual  township  election.  The  form  of  ballot  to  be  used  at  such  elec- 
tion shall  be  as  follows : 


For  dipping  tanks,  ["H 

Against  dipping  tanks,  I     | 


Each  voter  shall  place  at  the  right  of  the  proposition  he  favors  in 
a  square  for  the  purpose  the  mark  X.  If  a  majority  of  the  ballots  cast 
are  in  favor  of  such  township  dipping  station  it  shall  be  the  duty  of  the 
township  board  of  supervisors  to  construct  and  maintain  such  dipping 
station  at  a  place  within  the  township  which  will  be  convenient  and 
accessible  to  the  residents  thereof.  The  cost  of  such  dipping  station 
shall  be  paid  from  the  township  treasury.  In  the  construction  of  such 
dipping  station  it  shall  be  the  duty  of  the  township  supervisors  to  make 
the  work  co-operative  among  farmers  or  live  stock  owners  as  far  as  pos- 
sible, and  give  to  the  farmers  or  live  stock  owners  credit  against  dipping 
charges  for  necessary  labor  performed,  it  being  the  purpose  of  this  act 
to  have  the  work  done  in  the  most  efficient  manner  by  those  most  inter- 
ested in  maintaining  a  good  standard  of  health  in  the  flocks  and  herds 
of  the  community  interested  at  the  least  expense  which  cost  Rh?ill  be  paid 
out  of  funds  in  the  township  treasury. 

§  2.     The  Board  of  Township  Supervisors  of  such  township  shall  upon 


ELECTION   LAWS  OF  NORTH   DAKOTA  281 

the  establishment  of  such  dipping  station  appropriate  the  necessary 
amount  of  money  for  the  purpose  of  purchasing  material  and  chemicals 
used  in  the  operation  of  such  station. 

§  3.  The  Board  of  Township  Supervisors  shall  at  their  discretion 
levy  dipping  fee  pro  rata,  in  no  case  to  exceed  the  actual  cost  to  the 
township  for  material  and  labor  used  in  construction  and  operating  such 
station;  such  fee  to  be  paid  in  cash. 

§  4.  This  Act  shall  not  be  construed  to  repeal  sections  2780  to  2785 
inclusive  of  the  Compiled  Laws  of  the  State  of  North  Dakota  for  the 
year  1913,  but  shall  be  construed  to  be  supplementary  thereto. 

ARTICLE  6.— SPECIAL  MEETINGS. 

§  4138.  SPECIAL  MEETINGS  HELD,  WHEN  Special  meetings 
may  be  held  for  the  purpose  of  electing  township  ofScers  to  fill  vacancies 
that  occur,  also  for  the  purpose  of  transacting  any  lawful  business, 
whenever  the  supervisors,  township  clerk  and  justices  of  the  peace, 
or  any  two  of  them,  together  with  at  least  twelve  freeholders  of  the 
township  file  in  the  oflSee  of  the  township  clerk  a  written  statement  that 
a  special  meeting  is  necessary.  (R.  C.  1905,  §  3078;  1883,  ch.  112,  sub- 
ch.  1.  §  16;  R.  C.  1899,  §  2543;  Ch.  23,  §  12,  PoL  C.  1877.) 

See  Opinions  of  the  Attorney   General,   Nos.   103  and  104. 

§  4139.  CLERK  TO  GIVE  NOTICE  OF  MEETING.  Each  clerk  with 
whom  such  statement  is  filed  as  required  in  the  preceding  section,  shall 
record  the  same  and  immediately  cause  notice  to  be  posted  in  five  of  the 
most  public  places  in  the  township,  giving  at  least  ten  days'  notice  of 
such  special  meeting;  and  if  there  is  a  newspaper  published  in  the  town- 
ship he  shall  cause  a  copy  of  such  notice  to  be  published  therein  at  least 
three  days  before  the  time  appointed  for  such  meeting.  (R.  C.  1905, 
§  3079;  1883,  ch.  112,  sub-ch.  1,  §  17;  R.  C.  1899,  §  2544;  Ch.  23,  §  13, 
Pol.  C.  1877.) 

§  4140.  WHAT  NOTICE  MUST  SPECIFY.  Each  notice  given  for  a 
special  meeting  shall  specify  the  purpose  for  which  it  is  to  be  held,  and  no 
other  business  shall  be  transacted  at  such  meeting  than  such  as  is  speci- 
fied in  such  notice.  If  vacancies  in  oflSce  are  to  be  filled  at  such  meeting 
the  notice  shall  specify  in  what  oflBce  vacancies  exist,  how  they  occurred, 
who  was  the  last  incumbent  and  when  the  term  of  each  oflSce  expires. 
(R.  C.  1905,  §  3080;  1883,  ch.  112,  sub-ch.  1,  §  18;  R.  C.  1899,  §  2546; 
Ch.  23,  §  14.  Pol.  C.  1877.) 

ARTICLE  7.— MODE  OF  CONDUCTING  TOWNSHIP  MEETINGS. 

§  4141.  ORGANIZATION  OF  MEETING.  The  electors  present  at 
any  time  between  nine  and  ten  o'clock  in  the  forenoon  of  the  day  of  tb« 


STATE  OF  NORTH  DAKOTA 


annual  or  special  meeting  shall  be  called  to  order  by  the  township  clerk,  i 
if  present ;  in  case  he  is  not  present  then  the  voters  may  elect  by  acclama- 1 
tion  one  of  their  number  chairman  and  three  of  their  number  judges  of  i 
such  meeting,  who  shall  be  duly  sworn  and  be  judges  of  the  qualifications  of  j 
township  electors.  They  shall  then  proceed  to  choose  one  of  their  number ; 
to  preside  as  moderator  of  such  meeting.  The  clerk  last  before  elected  j 
shall  be  clerk  of  the  meeting  and  keep  full  minutes  of  its  proceedings,! 
in  which  he  shall  enter  at  length  every  order  or  direction  and  all  rules; 
and  regulations  made  by  the  meeting.  If  the  clerk  is  absent,  then  some: 
person  shall  be  elected  to  act  as  clerk  of  the  meeting.  (R.  C.  1905,  i 
S  3081;  1883,  ch.  112,  sub-ch.  1.  §  19;  R.  C.  1899,  §  2546;  Ch.  23,  §  15,^ 
Pol.  C.  1877.)  I 

§  4142.  DUTY  OF  MODERATOR.  RECONSIDERATION  OF  VOTE,; 
At  the  opening  of  each  meeting  the  moderator  shall  state  the  business  to] 
be  transacted,  and  the  order  in  which  it  shall  be  entertained,  and  no: 
proposition  to  vote  a  tax  shall  be  acted  on  out  of  the  order  of  business! 
ttfi  stated  by  the  moderator,  and  no  proposition  to  reconsider  any  vote' 
shall  be  entertained  at  any  meeting  unless  such  proposition  to  recon-; 
alder  is  made  within  one  hour  from  the  time  such  vote  was  passed,  or 
the  motion  for  such  reconsideration  is  sustained  by  a  number  of  voters 
edual  to  a  majority  of  all  the  names  entered  upon  the  poll  list  at  such  j 
election  up  to  the  time  such  motion  is  made ;  and  all  questions  upon  mo- ' 
tions  made  at  township  meetings  shall  be  determined  by  a  majority  of  I 
the  electors  voting;  and  the  moderator  shall  ascertain  and  declare  the; 
result  of  the  votes  on  each  question.  (R.  C.  1905,  §  3082 ;  1883,  ch.  112,  ■ 
sub-ch.  1,  §  20;  R.  C.  1899,  §  2547:  ch.  23,  §  16,  Pol.  C.  1877.) 

§  4143.  PROCLAMATION  OF  OPENING  AND  CLOSING  POLLS,  | 
Before  the  electors  proceed  to  elect  any  township  officer,  proclamation  j 
shall  be  made  of  the  opening  of  the  polls  by  the  modera  tor,  and  procla-  j 
mation  shall  in  like  manner  be  made  of  the  adjournment,  and  of  the  open- ! 
iiig  and  closing  of  the  polls,  until  the  election  is  ended.  (R.  C.  1905,  ! 
I  3083;  1883,  ch.  112,  sub-ch.  1,  §21;  R.  C.  1899,  §  2548.)        ,  I 


Supervisors  not  empowered  to  purchase  road  machine  without  electors' 
authority.  F.  G.  Austin  Mfg.  Co.  v.  Twin  Brooks  Twp.,  16  S.  D.  126,  91 
N.    W.   470. 


§  4144.  WHO  ARE  VOTERS.  No  person  shall  vote  at  any  town-  ; 
ship  meeting  unless  he  is  qualified  to  vote  at  general  elections,  and  has  •! 
been  for  the  last  ninety  days  an  actual  resident  of  the  township  where- .. 
in  he  offers  to  vote.  (R.  C.  1905,  §  3084;  1883,  ch.  112,  sub-ch.  1,  §  22;  i 
R.  C.  1899,  §  2549;  ch.  23,  §  17;  Pol.  C.  1877.)  • 

§  4145.  CHALLENGE  TO  VOTER.  If  any  person  offering  to  vote  at  ] 
any  election  or  upon  any  question  arising  at  such  township  meeting  Is  | 
(fiallenged  as  unqualified,  the  judges  of  the  meeting  shall  proceed  there- 1 


ELECTION   LAWS  OF  NORTH   DAKOTA  283 

upon  in  like  maimer  as  the  judges  at  the  general  election  are  required 
to  proceed,  adapting  the  oath  to  the  circumstances  of  the  township  meet- 
in  e:      (R.  C.  1905,  §  3085;  1883,  ch.  112,  sub-ch.  1,  §  23;  R.  C.  1899,  §  2550.) 

§  4146.    CERTAIN  OFFICERS  TO  BE  ELECTED  BY  BALLOT.    The 

supervisors,  treasurer,  township  clerk,  assessor,  justice  of  the  peace,  con- 
stables and  overseer  of  the  highways  in  each  township  shall  be  elected  by 
ballot.  All  other  officers,  if  not  otherwise  provided  by  law,  shall  be  chosen 
either  by  yeas  and  nays  or  by  a  division,  as  the  electors  determine.  (R.  C. 
1905.  §  3086;  1883,  ch.  112,  sub-ch.  1,  §  24;  R.  C.  1899,  §  2551.) 

S  4147.  ALL  CANDIDATES  ON  ONE  BALLOT.  When  the  electors 
vote  by  ballot  all  the  candidates  voted  for  shall  be  named  on  one  ballot, 
which  shall  contain,  written  or  printed,  or  partly  written  and  partly  print- 
ed, the  names  of  the  persons  voted  for  and  the  oflSces  to  which  such 
persons  are  intended  to  be  chosen,  and  shall  be  delivered  to  one  of  the 
judges  so  folded  as  to  conceal  its  contents.  (R.  C.  1905,  §  3087;  1883, 
ch.  112,  subKjh.  1,  §  25;  R.  C.  1899,  §  2552.) 

§  4148.  POLL  LIST.  When  the  election  is  by  ballot  a  poll  list  shall 
be  kept  by  the  clerk  of  the  meeting,  on  which  shall  be  entered  the  name 
of  each  person  whose  vote  is  received.  R.  C.  1905,  §  3088;  1883,  ch.  112, 
sub-ch.  1,  §  26;  R.  C.  1899,  §  2553.) 

I  4149.  JUDGES  TO  DEPOSIT  BALLOTS.  When  the  election  is  by 
ballot  one  of  the  judges  shall  deposit  the  ballots  in  a  box  provided  for 
that  purpose.      (R.  C.  1905,  §  3089;  1883,  ch.  112,  sub-ch.  1,  §  27;  R.  C. 

1899.  §  2554.) 

§  4150.  JUDGES  TO  CANVASS  THE  VOTES.  At  the  dose  of  every 
election  by  ballot  the  judges  shall  proceed  publicly  to  canvass  the  votes, 
which  canvass  when  commenced  shall  continue  without  adjournment  or 
interruption  until  the  same  is  completed.  (R.  C.  1905,  §  3090;  1883.  ch. 
112,  sub-ch.  1,  §  28;  R.  C.  1899,  §  2555:  ch.  23,  §  22,  Pol.  C.  1877.) 

§  4151.  MANNER  OF  CANVASSING.  The  canvass  shall  be  con- 
ducted by  taking  one  ballot  at  a  time  from  the  ballot  box  and  counting 
until  the  number  of  ballots  is  equal  to  the  number  of  names  on  the  poll 
list,  and  if  there  are  any  left  in  the  box  they  shall  be  immediately  de- 
stroyed; and  the  i)erson  having  the  greatest  number  of  votes  for  any 
office  shall  be  declared  duly  elected ;  provided,  that  if  two  or  more  persons 
have  an  equal  and  the  highest  number  of  votes  for  any  office,  the  judges 
of  the  election  shall  at  once  publicly  by  lot  determine  who  of  such  per- 
sons shall  be  declared  elected.  If  on  opening  the  ballots  two  or  more 
ballots  are  found  to  be  so  folded  that  it  is  apparent  that  the  same  person 
voted  them  the  board  shall  immediately  destroy  the  ballots.  (R.  C.  1905, 
§  3091;  1883,  ch.  112,  sub-ch.  1,  §  29;  R.  C.  1899,  §  2556.) 

See   Opinions   of   the    Attorney    General    ,No.    105. 


284  STATE  OF  NORTH  DAKOTA  \ 

\ 
§  4152.  RESULT  TO  BE  ANNOUNCED.  The  canvass  being  com-  I 
pleted,  a  statement  of  the  result  shall  be  entered  at  length  by  the  clerk  j 
of  the  meeting  in  the  minutes  of  its  proceedings  to  be  kept  by  him  aa  ! 
before  required,  which  shall  be  publicly  read  by  him  to  the  meeting,  ; 
and  such  reading  shall  be  deemed  notice  of  the  result  of  the  election  to  : 
every  person  whose  name  is  entered  on  the  poll  list  as  a  voter.  (R.  C  ' 
1905,  §  3092;  1883,  ch.  112,  sub-ch.  1,  §  30 ;  R.  C.  1889,  §  2557.)  ; 

§  4153.  MINUTES  TO  BE  FILED.  The  minutes  of  the  proceedings  of  ; 
each  meeting,  subscribed  by  the  clerk  of  said  meeting  and  by  the  judges,  | 
shall  be  filed  in  the  oflSce  of  the  township  clerk  within  two  days  after  such  ] 
meeting.  (R.  C.  1905,  §  3093;  1883,  ch.  112.  sub-ch.  ,1,  §  31 :  R.  C.  1899.  j 
§  2558.)  I 

4 

Conclusiveness   of   records   of    meetings   of   towns   and    the   power    to   amend.  ] 

13   Am.    St.    Rep.    550.  J 

I 
§  4154.    DUTY  OF  TOWNSHIP  CLERK.    The  clerk  of  each  township  i 

meeting  shall,  immediately  after  the  votes  are  canvassed,  transmit  to  ! 
eacR  person  elected  to  any  township  office,  a  notice  of  his  election.  (Jl.  C.  J 
1905,  §  3094:  1883,  ch.  112,  sub-ch.  1,  §  32;  R.  C.  1899.  §  2559;  1903,  1 
ch.  92.)  ; 

§  4155.  PROCEEDINGS  WHEN  MEETING  FAILS  TO  ELECT.  In  j 
case  any  township  refuses  or  neglects  to  organize  and  elect  township  ' 
officers  at  the  time  fixed  by  law  for  holding  annual  township  meetings.  ! 
twelve  freeholders  of  the  township  may  cal'  a  township  meeting  for  the  : 
purpose  aforesaid,  by  posting  notices  in  three  public  places  in  such  town- 
ship, giving  at  least  ten  days'  notice  of  such  meeting:  which  notice  shall  i 
set  forth  the  time,  place  and  object  of  such  meeting;  and  the  electors  ; 
when  assembled  by  virtue  of  such  notice  shall  possess  all  the  powers  ; 
conferred  upon  them  at  the  annual  township  meeting.  In  case  no  such  ' 
notiee  is  given  as  aforesaid  within  thirty  days  after  the  time  for  holding  i 
the  annual  meeting,  the  board  of  county  commissioners  of  the  county 
shall,  on  the  affidavit  of  any  freeholder  of  the  township,  file  in  the  office  of  ■ 
the  clerk  of  the  board,  setting  forth  the  facts,  at  any  regular  or  sp(^c'i?J  ; 
meeting  of  the  board,  appoint  the  necessary  township  officers  of  such  town-  I 
ship,  and  the  persons  so  appointed  shall  hold  their  respective  offices  until  i 
others  are  elected  and  qualified  in  their  places,  and  shall  have  the  same  J 
power  and  be  subject  to  the  same  duties  as  if  they  had  been  duly  elected,  i 
(R.  C.  1905,  §  3095;  1883,  ch.  112,  sub-ch.   1,   §  33;  R.  C.  1899,  §  2560.)  i 


ARTICLE  8.— BY-LAWS. 

§  4156.  BY-LAWS.  No  by-laws  made  by  any  township  shall  take 
effect  before  the  same  is  published  by  posting  copies  thereof  in  three  of 
the  most  public  places  in  the  township;  and  such  bv-laws,  duly  mnde  and 
so  published,  are  binding  upon   all  persons  coming  within  the  limits  of 


ELECTION  LAWS  OF  NORTH  DAKOTA  28S 


the  township  as  well  as  upon  the  inhabitants  thereof,  and  shall  remain 
in  force  until  altered  or  repealed  at  some  subsequent  township  meeting. 
(R.  C.  1905.  §  3096;  1S83,  ch.  112,  sub-ch.  1,  §  14;  R.  C.  1899;  §  2561.) 
See  Callan  v.  Sether,  31  S.  D.  91,  139  N.  W.  786. 

§  4157.  CLERK  SHALL  POST  BY-LAWS.  The  township  clerk  shaU 
post  in  three  of  the  most  public  places  in  his  township,  copies  of  all 
by-laws  made  by  such  township,  and  shall  make  an  entry  in  the  town- 
ship record  of  the  time  when,  and  the  places  where  such  by-laws  were 
posted.  (R.  C.  1905,  §  3097;  1883,  ch.  112,  sub-ch.  1,  §  15;  R.  C.  1899, 
§  2562.) 

ARTICLE  9.— QUALIFICATIONS  OF  OFFICERS. 

§  4158.  VOTER  ELIGIBLE  TO  OFFICE.  Each  person  qualified  to 
Tote  at  township  meetings  is  eligible  to  any  township  oflace.  (R.  C.  1905, 
^3098;  1883,  ch.  112,  sub-ch.  1,  §  34 :  R.  C.  1899,  §  2563.) 

§  4159.  OFFICERS  TO  TAKE  OATH.  Each  person  elected  or  ap- 
pointed to  the  oflBce  of  supervisor,  township  clerk,  assessor,  treasurer, 
constable  or  road  overseer,  shall,  within  ten  days  after  he  is  notified  of 
his  election  or  appointment,  take  and  subscribe  before  the  township  derk 
or  justice  of  the  peace,  the  oath  prescribed  in  section  211  of  the  constitu- 
tion. Such  oath  shall  be  administered  without  fee  and  certified  by  the 
ofllcer  by  whom  it  is  taken,  with  the  date  of  taking  the  same.  (R.  C. 
1905,  §  3099;  1883,  ch.  112,  sub-ch.  1,  §  25;  R.  C.  1899,  §  2564;  1901,  ch. 
204.) 

§  4160.  CERTIFICATE  OF  OATH  TO  BE  FILED.  The  person  tak- 
ing such  oath  shall  immediately  and  before  entering  upon  the  duties  of 
his  oflSce  file  the  certificate  of  such  oath  in  the  office  of  the  township 
clerk.  (R.  C.  1905,  §  3100;  1883,  ch.  112,  sub-ch.  1,  §  36;  R.  C.  1899. 
§  2565.) 

§  4161.  JUSTICE  TO  TAKE  OATH  AND  GIVE  BOND.  Each  pre- 
son  elected  or  appointed  to  the  office  of  justice  of  the  peace  shall  within 
ten  days  after  receiving  notice  thereof  take  and  subscribe  before  any 
officer  authorized  to  administer  oaths  the  oath  prescribed  in  section  211 
of  the  constitution.  Such  justice  shall  also  execute  a  bond  as  provided 
in  chapter  6  (chapter  7  herein)  of  this  code  and  file  the  same  with  the 
clerk  of  the  district  court  of  the  proper  county  for  the  benefit  of  any 
person  aggrieved  by  the  acts  of  such  justice,  and  any  person  aggrieved 
may  maintain  an  action  on  said  bond  in  his  own  name  against  such  justice 
and  his  sureties.  (R.  C.  1905.  §  3101;  1883,  ch.  112.  sub-ch.  1,  §  37; 
R.  C.  1899,  §  2566.) 

§  4165.  BOND  OF  TREASURER.  Each  person  elected  or  appointed 
to  the  office  of  trea.surer,  before  entering  upon  the  duties  of  his  office,  shall 
execute  a  bond  in  double  the  probable  amount  of  money  to  be  received 


s 
286  STATE  OF  NORTH  DAKOTA  i 


by  him,  which  amount  shall  be  determined  by  the  board  of  snpervisora  of  j 
the  township.  (R.  C.  1905,  §  3105;  1883,  ch.  112,  sub-ch.  1,  8  38;  K.  G  ] 
1899,  §  2570.)  j 

§  41G6.  CONSTABLE  TO  TAKE  OATH  AND  GIVE  BOND.  Each  • 
person  chosen  to  the  office  of  constable,  before  entering  upon  the  duties  of  ; 
his  office  and  within  eight  days  after  he  is  notified  of  his  election  or  '< 
appointment,  shall  take  and  subscribe  the  oath  of  office  and  execute  a  i 
bond  as  prescribed  by  law.  Such  bond  shall  be  approved  and  filed  as  . 
provided  in  chapter  6  (chapter  7  herein)  of  this  code.  (R,  0.  1905,  ; 
8  3106;  1883,  ch.  112,  sub-ch.  1,  §  40;  R.  C.  1895,  §  2571.) 

8  4167.  BOND  OF  ASSESSOR  TO  BE  FILED.  Each  township  as-  j 
sessor  shall  give  a  bond  in  the  penal  sum  of  five  hundred  dollars  and  shaU  ' 
immediately  after  the  approval  thereof,  deliver  the  same  to  the  town-  ■ 
ship  clerk,  whose  duty  it  shall  be  forthwith  to  file  such  bond  with  the  i 
county  auditor.     (R.  C.  1905,  §  3107 ;  1889,  ch.  128,  §  1 ;  R.  C.  1895,  8  2572.)   ' 

8  4168.    NEGLECT  TO  QUALIFY.    If  any  person  elected  or  appoint- 
ed to  any  township  office,  of  whom  an  oath  or  bond  is  required,  neglects  ! 
to  file  the  same  within  the  time  prescribed  by  law  such  neglect  shall  be  i 
deemed  a  refusal  to  serve  in  such  office,     (R.  C.  1905,  8  3108;  1883,  ch.  :, 
112,  sub-ch.  1,  8  42;  R.  C.  1899,  §  2573.) 

8  4169.  PENALTY  FOR  NEGLECT  TO  TAKE  OATH.  If  any  town-  I 
ship  officer  who  is  required  by  law  to  take  an  oath  of  office,  enters  upon  ''. 
the  duties  of  his  office  before  taking  such  oath,  he  forfeits  to  such  town-  i 
ship  the  sum  of  fifty  dollars.  (R.  C.  1905,  8  3109;  1883.  ch.  112,  sub-ch.  1^  ! 
8  43;  R.  a  1899,  8  2574.)  i 

8  4170.     ROAD  OVERSEER  AND  POUND  MASTER  TO  FILE  AC- 
CEPTANCE.   Each  person  elected  or  appointed  to  the  office  of  overseer  i 
of  highways  or  pound  master,  before  he  enters  upon  the  duties  of  his  i 
office  and  within  ten  days  after  he  is  notified  of  his  election  or  appoint-  ] 
ment,  shall  file  in  the  office  of  the  township  clerk  a  notice  signifying  his  | 
acceptance  of  such  office.    A  neglect  to  file  such  notice  shall  be  deemed 
a  refusal  to  serve.     (R.  C.  1905,  8  3110;  1883,  ch.  112,  sub-ch.  1,  8  44; 
B.  C.  1890,  8  2575.) 

ARTICLE  10.— VACANCIES.  j 

j 

8  4171.     BOARD  MAY   ACCEPT   RESIGNATIONS.     The  board   of  i 

supervisors  of  any  township  may  for  sufficient  cause  shown  to  it  accept  I 

the  resignation  of  any  officer  in  its  township,   and  whenever  it  accepts  j 

any  such  resignation  it  shall  forthwith  give  notice  thereof  to  the  town-  \ 

ship  clerk.  (R.  C.  1905,  8  3112:  1883,  ch.  112,  sub-ch.  1,  8  46;  R.  C.  ■ 
1899,  8  2577.) 


ELECTION  LAWS  OF  NORTH  DAKOTA  287 

§  4172.  VACANCIES,  HOW  FILLED.  Whenever  any  township  fails 
to  elect  the  proper  number  of  oflScers,  or  whenever  any  person  elected  to 
a  township  office  fails  to  qualify,  or  whenever  any  vacancy  happens  in 
any  township  office  from  death,  resignation,  removal  from  the  township 
or  other  cause,  the  justices  of  the  peace  of  the  township,  together  with 
the  board  of  supervisors  or  a  majority  of  them,  shall  fill  the  vacancy  by 
appointment  by  warrant  under  their  hand,  and  the  persons  so  appointed 
shall  hold  their  offices  until  the  next  annual  meeting  and  until  their 
successors  are  elected  and  qualified,  and  shall  have  the  same  power  and 
be  subject  to  the  same  duties  and  penalties  as  if  they  had  been  duly 
elected.  (R.  C.  1905,  §  3113;  1883,  ch.  112,  sub-ch.  1,  §  47;  R.  C.  1899, 
S  2578.) 

S«e  Callan  v.  Sether,  31  S.  D.  89,  139  N.  W.  786. 

§  4173.  VACANCIES  IN  APPOINTMENT  BOARD.  Whenever  a 
vacancy  occurs  from  any  cause  in  the  office  of  the  justice  of  the  peace 
or  township  supervisor,  the  remaining  officers  of  such  appointment  board 
shall  fill  any  vacancy  thus  occurring.  (R.  C.  1905,  §  3114;  1883,  ch,  112, 
sub-ch.  1,  §  48;  R.  C.  1899,  §  2579.) 

§  4174.  WHEN  COUNTY  AUDITOR  TO  APPOINT  TOWNSHIP  AS- 
SESSOR. When  any  township  assessor  is  elected  and  fails  or  refuses 
to  qualify  or  to  discharge  the  duties  of  his  office,  or  if  the  electors  of  a 
township  fail  for  any  reason  to  elect  an  assessor,  and  the  township  board 
of  said  township  fails  or  refuses  to  appoint  an  assessor  for  the  township 
on  or  before  the  fifteenth  day  of  April  of  the  year  for  which  such  asses- 
sor is  to  serve,  it  shall  be  the  duty  of  the  county  auditor  to  appoint  an 
assessor  for  such  township,  who  shall  be  a  resident  of  the  township  lor 
which  he  is  to  serve  as  assessor.  (R.  .C.  1905,  §  3115:  1887,  ch.  156,  $  1, 
R.  C.  1899,  §  2580.) 

§  4188.  APPROVED  BONDS  OF  TOWNSHIP  OFFICERS.  At  its 
meeting  in  March  the  chairman  (of  the  board  of  supervisors)  shall  ap- 
prove the  bonds  of  township  officers,  and  said  officers  shall  immediately 
enter  upon  the  duties  of  their  office,  and  shall  assess  the  highway  labor 
and  road  tax  for  the  ensuing  year  and  perform  all  the  duties  required  ol 
them  in  article  13  of  chapter  31.  (R.  C.  1905.  §  3129;  1887,  ch.  155.  §4i 
R.  C.  1899,  §  2594.) 

§  4200.  CLERK  TO  GIVE  BOND  AND  TAKE  OATH.  Each  person 
elected  or  appointed  to  the  office  of  township  clerk  shall,  before  enter- 
ing upon  the  duties  of  his  office  and  within  the  time  prescribed  by  law 
for  filing  his  oath  of  office,  execute  a  bond  with  two  or  more  sureties  to  be 
approved  by  the  chairman  of  the  township  board  of  supervisors,  in  such 
penal  sum  as  the  supervisors  direct,  conditioned  for  the  faithful  dis- 
charge of  his  duties.  Such  bond  so  approved  shall  be  filed  in  the  office 
of  the   county  auditor  for  the  benefit  of  any  person   aggrieved   by   the 


STATE  OF  NORTH  DAKOTA 


acts  or  omissions  of  such  clerk;  and  any  person  so  aggrieved  or  the  \ 
township  may  maintain  an  action  on  such  bond  against  said  clerk  and  1 
his  sureties.  (1909,  ch.  222;  R.  C.  1905,  §  3141;  1883,  ch.  112,  sub-ch.  ] 
1,  §  67;  R.  C.  1899,  §  2605.)  \ 

§  4201.     SEND  NAME  OF  CONSTABLE  TO  CLERK  OF  DISTRICT  ! 
COURT.     Each  township  clerk,  immediately  after  the  qualification  of  any  j 
constable  elected   or   appointed   in   his    township,   shall    transmit   to   the 
clerk  of  the  district  court  of  the  county  the  name  of  such  constable.     (R.  C. 
1905,  §  3142;  1883,  ch.  112,  sub-ch.  1,  §  68;  R.  C.  1899,  §  2606.)  | 

§  4202.  SEND  NAME  OF  JUSTICE  TO  CLERK  OF  DISTRICT  \ 
COURT.  Each  township  clerk  shall  immediately  after  the  election  of  i 
any  justice  of  the  peace  in  his  township  transmit  a  written  notice  thereof  i 
to  the  clerk  of  the  district  court  of  the  county,  stating  therein  the  name 
of  the  person  elected  and  the  term  for  which  he  is  elected;  and  if  j 
elected  to  fill  a  vacancy,  he  shall  state  in  such  notice  who  was  the  , 
last  incumbent  of  the  office.  (R.  C.  1905,  §  3143;  1883,  ch.  112,  sub-ch.  1,  ' 
I  69;  R.  C.  1899,  §  2607.) 

§  4203.  PENALTY  FOR  NEGLECT.  If  any  township  clerk  wU-  ] 
fully  neglects  to  make  such  return  he  shall  be  guilty  of  a  misdemeanor,  i 
and  on  conviction  thereof  shall  be  fined  in  a  sum  not  exceeding  ten  ■ 
doUars.  (R.  C.  1905,  §  3144;  1883,  ch.  112,  sub-ch.  1,  §  70;  R.  C.  1899,  ; 
§  2608.)  \ 

§  4215.  BOARD  TO  REPORT  ACCOUNTS  AUDITED  AND  AL-  ; 
LOWED.  Such  board  (of  supervisors)  shall  make  a  report,  stating  in  : 
detail  the  items  of  account  audited  and  allowed,  the  nature  of  each  \ 
account,  and  the  name  of  the  person  to  whom  such  account  was  al-  \ 
lowed,  including  a  statement  of  the  fiscal  concerns  of  the  township,  and  1 
an  estimate  of  the  sum  necessary  for  the  current  expenses  thereof,  the  i 
support  of  the  poor  and  other  incidental  expenses  for  the  ensuing  year,  i 
(R.  C.  1905,  §  3155;  1883,  ch.  112,  sub-ch.  1,  §  80;  R.  C.  1899,  §  2619.)   | 

§  4216.  REPORT  TO  BE  READ  AT  TOWNSHIP  MEETING.  Such  I 
report  shall  be  produced  and  publicly  read  by  the  township  clerk  at  the  \ 
next  ensuing  township  meeting,  and  the  whole  or  any  portion  of  such  ; 
report  may  be  referred  by  order  of  the  meeting  to  a  committee,  whose  ' 
duty  it  shall  be  to  examine  the  same  and  report  thereon  to  such  meet-  i 
ing.  (R.  C.  1905,  §  3156;  1883,  ch.  112,  sub-ch.  1,  §  81;  R.  C.  1899,  j 
5  .2620.)  ] 

I 

ARTICLE  19.— BOOKS  AND  PAPERS  OF  OUTGOING  OFFICERS.      i 

I 

I 
§  4238.     SUCCESSOR  IN  OFFICE  TO  DEMAND  RECORDS.    When-   j 

ever  the  term  of  any  supervisor,  township  clerk  or  assessor  expires,  and  ; 

another  person  is  appointed  or  elected  to  such  office,  such  successor  im-  \ 


ELECTION  LAWS  OF  NORTH   DAKOTA 


mediately  after  he  enters  upon  the  duties  of  his  oflBce  shall  demand 
of  his  predecessor  all  books  and  papers  under  his  control  belonging 
to  such  office.  (R.  C.  1905,  §  317S;  1883,  ch.  112,  sub-ch.  1,  §  102;  R.  C. 
1899,   §  2642.) 

§  4239.  SAME,  VACANCY.  Whenever  either  of  the  officers  above 
named  resigns,  or  the  office  becomes  vacant  in  any  way,  and  another 
person  is  elected  or  appointed  in  his  stead,  the  person  so  elected  shall 
make  such  demand  of  his  predecessors  or  of  any  person  having  charge 
of  such  books  and  papers.  (R.  C.  1905,  §  3179;  1883,  ch.  112,  sub-ch.  1, 
§  103;  R.  C.  1899,  §  2643.) 

§  4240.  RECORDS  TO  BE  DELIVERED.  Each  person  so  going 
out  of  office,  whenever  thereto  required  pursuant  to  the  foregoing  pro- 
visions, shall  deliver  upon  oath  all  records,  books  and  papers  in  his 
possession  or  under  his  control,  belonging  to  the  office  held  by  him 
which  oath  may  be  administered  by  the  officer  to  whom  such  delivery 
is  made.  (R.  C.  1905,  §  3180;  1883,  ch.  112,  sub-ch.  1,  §  104;  R.  C. 
1899,  §  2644.) 

§  4241.     DEMAND  FOR  RECORDS  IN  CASE  OF  DEATH.     Upon 

the  death  of  any  of  the  officers  enumerated,  the  successor  of  such  of- 
ficer shall  make  such  demand  as  above  provided  of  the  executor  or  ad- 
ministrator of  such  deceased  officer,  and  such  executor  or  administrator 
shall  deliver  upon  like  oath  all  records,  books,  papers  or  moneys  in 
his  possession  or  under  his  control,  belonging  to  the  office  held  by  his 
testator  or  intestate.  (R.  C.  1905,  §  3181;  1883,  ch.  112,  sub-ch.  1,  §  105; 
R.  C.  1899,  §  2645.) 

§  4243.  WHEN  PETITIONED,  SUPERVISORS  SHALL  CALL 
ELECTION    TO    VOTE    ON    QUESTION    OF    PLACING    MONUMENTS. 

Whenever  the  township  supervisors  of  any  organized  township  in  this 
state  shall  be  petitioned  by  not  less  than  twelve  freeholders  of  said 
townshp  to  call  an  election  to  ascertain  the  will  of  the  majority  of  the 
voters  of  said  township  on  the  question  of  erecting  such  monuments, 
(markng  section  corners)  the  said  board  of  township  supervisors  shall 
submit  the  question  of  whether  or  not  such  monuments  shall  be  placed 
in  said  township,  whicHi  election  shall  be  held  the  same  time  as  the 
usual  spring  election  for  township  officers,  and  if  a  majority  of  those 
voting  in  said  township  at  such  spring  election  vote  in  favor  of  erecting 
said  monuments,  then  the  said  board  of  township  supervisors  shall  im- 
mediately thereafter  cause  such  monuments  to  be  placed  as  provided  in 
section  4242.      (R.  C.  1905,  §  3183;  1905,  ch.  180,  §  2.) 

ARTICLE  22.— PUBLIC  PLACES.  I 

§  4248.  VOTERS  SHALL  DESIGNATE.  At  the  annual  township 
meeting   in    each   year   the   legal    voters   present   at   each   meeting   shall 


290  STATE   OF  NORTH    DAKOTA 


determine  and  designate  three  places  in  the  township  as  public  or  the  t 
most  public  places  of  such  township,  and  tliat  all  legal  notices  required  ' 
to  be  posted  in  three  public  or  the  most  public  places  of  a  township  i; 
shall  be  jwsted  at  such  places  at  least,  and  they  shall  make  provision  i 
for  the  erection  and  maintenance  of  posts  on  which  to  post  notices  j 
as  aforesaid  in  all  places  so  designated,  in  which  there  is  no  sufficient  1 
natural  convenience  for  that  purpose.  (R.  C.  100.1.  §  8102:  issa.  ch.  112,  j 
sub-ch.  1,  §  111:  R.  C.  1899,  §  2651.)  i 


Does   not    pertain   to    the   posting   of   notices   ot    school    districts.      Shirley    v 
Coal    Field   School    Dist.,    ....N.    D ,    179   N.    W.    551. 


ARTICLE  23.— POUNDS  AND   POl  ND   MASTERS.  ! 

li 

§  4249.     POUNDS  LOCATED.     Whenever  the  electors  of   any   town-  \ 

ship  determine  at  their  annual   township  meeting  to  erect   one  or  more  I 

pounds  therein,  the  same  shall  be  under  the  care  and  direction  of  such  , 

t 

pound  masters  as  are  chosen  or  appointed  for  that  purpose.     (R.  C.  1005,  | 

5  3193;  1883,  ch.  112,  sub-ch.  1,   §  112;  R.  C.  1800.  §  2052.)  1 

Liability  of  municipality   for  impounding^  animals.     27   T>.   R.    A.    (N.    S.)    1.^8.  1 

§    4250.      DISCONTINUING    POUNDS.      The    electors    of    any    town-  ^ 
ship    may    at    any    annual    township    meeting    discontinue    any    pounds 

therein.      (R.  C.  1905,  §  3194;  1883.  ch.  112.  sub  ch.  1.  §  113:  R.  C.  1890,  | 

§  2653.)  I 


ARTICLE  24.— DEBTS  AND  BONDS. 

I 

§    4253.      LIMIT    OF    DEBT    OF    TOWNSHIPS.      No    township    ha&  \ 

power   to   contract  debts   or   make   expenditures   for   any    one  year   in   a  , 

larger  sum   than   the   amount  of   taxes  assessed   for   such   year   w^ithout  ■ 

having  been  authorized   by  a  majority   of  the  voters  of  such  township,  ; 

and    no    township    shall    assess    for    township    purposes    more    than    ten  \ 

mills  on  the  dollar  of  taxable  property  for  any  one  year.      (R.   C.  .1{X)5,  - 
§  3197:   1883,  ch.  112,  sub-ch.  1.   §   115:  R.  C.   1800.   §  2050..) 

Supervisors    not    empowered    to    create    future    indebtedness    without    elec- 
tors'  authority.     F.   C.   Austin   Mfg.    Co.    v.    Twin    Brooks    Twp..    16   S.    D.    129.  ' 
91  N.  W.  470.  i 
On    what    basis    majority    essential    to    adoption    of    proposition    for    issuing  ] 
.  municipal  bond  is  to  be  computed.     22  L.   R.  A.   (N.   S.)   47?.  ! 


§   4254.      BONDS   OF   TOWNSHIPS    ISSI^ED.      HOW    AND    WHEN.  ) 

The  boards  of  supervisors  of  the  organized   townships  of   this   state,  or  j 

those    that    may    hereafter     be     organized,      are    authorized     and     em-  , 

powered    to    issue    the    bonds    or    orders    of    their    respective    townships,  j 

with   coupons   attached,   and   in   such   amounts   and   at   such   perio<ls   as  \ 

they    may    be    directed    by    two-thirds    of    the    legal    voters    present    and  : 


ELECTION   LAWS  OF  NORTH   DAKOTA  JJ91 

V 

Toting  at  auy  legally  called  township  meeting  held  for  that  purpose; 
such  bonds  or  orders  to  be  payable  in  such  amounts  and  at  such  times, 
not  exceeding  twenty  years  from  date,  as  two-thirds  of  the  legal  voters 
present  and  voting  at  such  meeting  shall  determine,  with  interest  thereon 
not  to  exceed  seven  per  cent  per  annum,  payable  annually,  which  bonds 
or  orders  and  coupons  shall  be  signed  by  the  chairman  of  the  board 
of  supervisors  and  countersigned  by  the  derk  of  the  township:  provided, 
that  nothing  herein  contained  shall  be  construed  to  authorize  the  issuing 
of  such  bonds  or  orders  unless  the  same  shall  have  first  been  voted  for 
by  ballot  by  two-thirds  of  all  legal  voters  present  and  voting  at  any 
annual  or  special  township  meeting  called  for  that  purpose,  notices  of 
which,  particularly  specify  the  object  for  which  such  meeting  was 
called,  have  been  posted  in  at  least  three  public  places  in  the  township 
for  not  less  than  ten  days  prior  to  the  time  of  calling  the  same.  Pro- 
vided, further,  that  any  township  may  in  the  manner  provided  in  this 
section  issue  bonds  to  aid  in  the  construction  of  a  bridge  across  a 
navigable  stream  on  the  boundary  line  of  its  county  even  though  a 
portion  of  such  bridge  may  be  located  within  the  corporate  limits  of 
a  city.  (1911.  ch.  307;  1909,  ch.  224;  R.  C.  1905,  §  3198;  1883,  ch.  112, 
sub-ch.  1,   §  116;  R.  C.  1899,   §  2657.) 

Holders    as    necessary    parties    to    proceedings    to    invalidate    moneyed   obli- 
gations   of    towns.      3   L.    R.    A.    (N.    S.)    256. 

§  4266.  CONTRACT  SYSTEM  OF  HIGHWAY  LABOR.  The  .several 
township  boards  whenever  in  their  judgment  it  is  for  the  best  interest 
of  the  township  may  at  the  next  annual  meeting  cause  a  vote  to  be 
taken  by  a  ballot  on  which  shaU  be  written  or  printed  the  words  "for 
contract  system,"  "against  contract  system,"  and  if  a  majority  of  the 
votes  cast  are  in  favor  of  the  contract  system  then  the  township  board 
shall  at  the  next  meeting  succeeding  the  annual  meeting  advertise  in 
one  of  the  county  papers  for  bids  for  two  successive  weeks  for  the  im- 
provement and  repairing  of  highways  and  bridges  in  its  township  in  the 
following  manner : 

1.  The  board  shall  furnish  plans  and  specifications  for  all  work 
and  improvements  to  be  done  and  performed  in  the  several  townships 
which  shall  be  filed  in  the  oflice  of  the  township  clerk. 

2.  It  shall  at  the  time  of  advertising  for  bids  give  at  least  ten 
days'  notice,  to  be  posted  in  conspicuous  places  in  said  township,  that 
bids  will  be  received  at  a  time  and  place  mentioned  in  said  notice,  and 
said  contracts  shall  be  let  to  the  lowest  bidder  in  accordance  with  such 
plans  and  specifications  as  are  furnished  by  said  board,  and  the  said 
board  shall  require  upon  the  letting  of  such  contract  or  contracts  a 
good  and  suflScient  bond  for  the  faithful  performance  of  the  work  to 
be  done  and  performed  in  said  contract,  and  said  board  shall  have 
authority  to  reject   any  and   all   bids.     Whenever   the   "contract  system" 


292  STATE  OF  NORTH  DAKOTA 

has  been  adopted  as  provided  herein,  township  road  taxes  shall  be  paid 
in  money  only.  (R.  C.  1905,  §  3210;  1899,  ch.  141;  R.  C.  1899,  §  2669.) 
§  4269.  ROAD  MACHINERY,  In  townships  owning  road  machinery, 
the  township  board  shall  have  anthority  to  make  such  disposition  of 
the  same  as  in  its  discretion  is  best  for  the  interests  of  the  township, 
or  it  may  purchase  or  lease  such  machinery  as  may  be  necessary  for 
the  purpose  of  carrying  out  the  provisions  hereof,  and  the  performance 
of  contracts  in  reference  thereto;  provided,  that  no  machinery  shall 
be  purchased  or  sold  to  exceed  in  value  the  sum  of  two  hundred  and 
eighty  dollars,  except  such  sale  or  piu-chase  shall  be  ordered  at  the 
annual  township  meeting  by  a  majority  vote  of  the  legal  voters  of  such 
township  assembled  at  such  meeting  or  at  a  special  election  called  for 
that  purpose  by  said  hoard  upon  petition  of  twelve  freeholders  of  said 
township.  (1911,  ch.  146;  R.  C.  1905,  §  3213;  1895,  ch.  91,  §  6;  R.  C. 
1899,  §  2673;  1905,  ch.  181.) 

See   Section  1980. 

Supervisors'    purchase    of    road    machine    must    be    authorized    by    electors. 
F.   C.   Austin  Mfg.   Co.   v.  Township,   16   S.   D.   126,  91  N.   W.   470. 

§  4271.  ELECTION  DISTRICTS.  Each  township  organized  under 
this  chapter,  or  any  law  heretofore  in  force,  constitutes  an  election  dis- 
trict. (R.  C.  1905,  §  3215;  1883,  ch.  112,  sub-ch.  1,  §  120;  R.  C.  1899, 
§  2675.) 

ARTICLE  29.~DISSOLUTION  OF  TOWNSHIPS. 

§  4277.  PETITION  FOR  DISSOLUTION.  NOTICE  OF  ELEC- 
TIONS. WHAT  NOTICE  SHALL  SPECIFY.  When  an  application 
signed  by  one-third  of  the  legal  voters  of  any  organized  civil  township 
within  this  state  shall  be  presented  to  the  board  of  supervisors  of  such 
civil  township,  in  writing,  at  least  ten  days  prior  to  the  fourth  Monday 
of  June  in  any  year,  asking  for  a  dissolution  of  the  civil  township, 
setting  forth  the  reasons  therefor,  such  petition  shall  be  considered  by 
such  board  of  supervisors  at  its  regular  meeting  on  the  fourth  Monday 
In  June  in  such  year,  and  it  shall  be  competent  for  the  board,  if  it 
deems  the  reasons  good,  to  call  a  meeting  of  the  voters  of  such  civil 
township,  by  giving  at  least  ten  days'  notice  thereof,  to  determine 
whether  such  civil  township  shall  be  dissolved.  Said  notice  shall  be 
signed  by  the  town  clerk  of  such  civil  township,  and  shall  be  by  him 
posted  in  five  of  the  most  public  places  in  such  civil  township,  at  least 
ten  days  prior  to  such  meeting  of  said  voters,  and  also,  if  there  is  a 
newspaper  published  in  such  civil  township,  he  shall  cause  a  copy  of 
such  notice  to  be  published  once  therein,  at  least  five  days  before  the 
time  appointed  for  such  meeting.  Each  notice  given  for  such  a  meeting 
shall  specify  the  purpose  for  which  it  is  to  be  held,  and  no  other  busi- 
ness shall  be  transacted  at  such  meeting  than  such  as  is  specified  in 
such  notice.  (R.  C.  1905,  §  3221;  1897,  ch.  139,  §§  1,  2,  3;  R.  C.  1899, 
§  2680a.) 

State  V.   Nichols,  39  N.  D.  4,   166  N.   W.   813. 


ELECTION  LAWS  OF  NORTH   DAKOTA  293 

§  4278.  SHALL  VOTE  BY  BALLOT.  The  board  of  supervisors  of 
such  civil  township  shall  preside  at  such  meeting,  and  the  polls  shall 
be  opened  and  closed  as  at  other  tovrnship  meetings,  and  the  voters 
shall  vote  by  ballot,  "yes"  or  "no,"  and  the  result  of  the  vote  shall 
be  publicly  announced  after  the  polls  close  and  as  soon  as  ascertained 
by  the  officers  of  such  meeting,  and  if  a  majority  of  all  the  votes  shall 
be  "yes"  and  shall  have  been  given  by  a  majority  of  all  the  legal  voters 
in  such  civil  township,  a  statement  of  the  vote  signed  by  the  chairman 
of  the  board  of  supervisors  of  such  civil  township,  and  attested  by  the 
clerk  thereof,  shall  be  filed  in  the  office  of  the  county  auditor  of  the 
county  within  which  such  civil  township  lies,  and  such  civil  township 
shall  on  the  first  day  of  January  next  succeeding  the  time  of  holding 
such  meeting  cease  to  be  a  corporation ;  provided,  the  property  belonging 
to  such  civil  township,  after  the  payment  of  its  debts  and  liabilities, 
shall  be  disposed  of  in  such  manner  as  a  majority  of  the  voters  of  such 
civil  township  at  any  special  meeting  may  have  directed.  And  all  of 
the  records  of  such  civil  township  shall  be  turned  over  by  the  officers 
of  said  civil  township  to  the  county  auditor  of  the  county  wherein  said 
district  lies,  for  preservation  and  safe  keeping.  ( R.  C.  1905,  §  3222 ;  1897, 
ch.  139,  §  4;  R.  C.  1899,  2680b;  190;^,  ch.  199,  §L) 

§  4281.  DUTY  OF  COUNTY  AUDITOR.  It  shall  be  the  duty  of 
the  county  auditor  of  such  county,  upon  the  dissolution  of  any  civil  town- 
ship therein,  to  immediately  notify  the  state  auditor  thereof,  and  further, 
to  enter  upon  the  proper  record  book  in  his  office  the  fact  of  such  dis- 
solution.   (R.  C.  1905,  §  3225;  1897,  ch.  139,  §  7;  R.  C.  1899,  §  2680e.) 

DIVERSION  OF  FUNDS  FOR  POLITICAL  PURPOSES  BY  LIFE 
INSURANCE  COMPANIES. 

§  4858.     UNLAWFUL  TO  AID  POLITICAL  PARTIES.     PENALTY. 

No  insurance  company  or  association,  including  fraternal  beneficiary  as- 
sociations, doing  business  in  this  state,  shall,  directly  or  indirectly,  pay 
or  use  or  offer,  consent  or  agree  to  pay  or  use  any  money  or  property 
for  or  in  aid  of  any  political  party,  committee  or  organization,  or  for 
or  in  aid  of  any  corporation,  joint  stock  or  other  association,  organized 
or  maintained  for  political  purposes,  or  for  or  in  aid  of  any  candidate 
for  political  office,  or  for  nomination  for  such  office,  or  for  any  political 
purpose  whatsoever,  or  for  the  reimbursement  or  indemnification  of  any 
person  for  money  or  property  so  used.  Any  officer,  director,  stockholder, 
attorney  or  agent  of  any  corporation  or  association  which  violates  any 
of  the  provisions  of  this  article,  who  participates  in.  aids,  abets  or  ad- 
vises or  consents  to  any  such  violation,  and  any  person  who  solicits  or 
knowingly  receives  any  money  or  property  in  violation  oi  this  article, 
shall  be  guilty  of  a  misdemeanor  and  be  punished  by  imprisonment  for 
not  more  than  one  year  and  a  fine  of  not  more  than  one  thousand  dol- 


294  STATE  OF  NORTH  DAKOTA 


lars,  aud  any  oflficer  aiding  or  abetting  in  any  contribution  made  in  vio- 
lation of  this  article,  shall  be  liable  to  the  company  or  association  foi 
the  amount  so  contributed.  No  person  shall  be  excused  from  attending 
and  testifying  or  producing  any  books,  papers  or  other  documents  be- 
fore any  court  or  magistrate,  upon  any  investigation,  proceeding  or  trial 
for  a  violation  of  any  of  the  provisions  of  this  article,  upon  the  ground 
or  for  the  reason  that  the  testimony  or  evidence,  documentary  or  other- 
wise, required  of  him,  may  tend  to  incriminate  or  degrade  him ;  but  no 
X)<erson  shall  be  prosecuted  or  subject  to  any  penalty  or  forfeiture  for  or 
on  account  of  any  transaction,  matter  or  thing  concerning  which  he  may 
so  testify  or  produce  evidence,  documentary  or  otherwise,  and  no  tes- 
timony so  given  or  produced  shall  be  used  against  him  upon  any  criminal 
investigation  or  proceedings.     (1907,  ch.  152.) 

The  title  of  the  act  constituting  the  foregoing  section  reads  as  follows: 
"An  act  regulating  life  insurance  companies  and  prohibiting  the  diversion 
of  funds  for  political  purposes." 

§  7297.  HOLIDAYS.  Holidays  are  every  Sunday:  the  first  day  of 
January,  which  is  New  Year's  Day;  the  twelfth  day  of  February,  which 
is  the  birthday  of  Abraham  Lincoln ;  the  twenty-second  day  of  February, 
which  is  the  birthday  of  George  Washington :  the  fourth  day  of  July, 
which  is  the  anniversary  of  the  Declaration  of  Independence ;  the  twenty- 
fifth  day  of  December,  which  is  Christmas  Day :  the  thirtieth  day  of  May, 
which  is  Memorial  Day;  the  first  Monday  in  September,  which  is  Labor 
Day ;  the  twelfth  day  of  October,  which  is  Discovery  Day ;  the  eleventh 
day  of  November,  which  is  Armistice  Day ;  every  day  on  which  an  elec- 
tion is  held  throughout  the  State  and  every  day  appointed  by  the  Pres- 
ident of  the  United  States  or  by  the  Governor  of  this  State  for  a  public 
fast,  thanksgiving  or  holiday.    (Ch.  74,  1921.) 

Township  election  day  not  a  holiday.  State  v.  Currie,  8  N.  D.  54S,  80 
N.  W.  475. 

§  7969.  REMEDIES  OBTAINABLE  BY  ACTION  INSTEAD  OF 
WRIT.  The  remedies  formerly  obtainable  by  the  writ  of  scire  facias,  the 
writ  of  quo  warranto  and  proceedings  by  information  in  the  nature  of 
quo  warranto  may  be  obtained  by  civil  action  in  the  district  court  under 
the  provisions  of  this  chapter  and  by  civil  action  in  the  district  court 
under  the  provisions  of  this  chapter  and  of  chapter  27.  (R.  C.  1905,  §  7349 ; 
C.  Civ.  P.  1877,  §  531;  R.  C.  1895,  §  5741.) 

This  and  following  sections  not  repealed  by  state  constitution.  Wright  v. 
Lee,  4  S.  D.  2.^7,  55  N.   W.  931. 

Grounds  of  action  or  remedy  obtainable  by  quo  warranto  proceeding  not 
enlarged.     Wishek  v.  Becker,  10  N.  D.  63,  84  N.  W.  590. 

Supreme  court  will  not  ordinarily  assume  jurisdiction.  State  v.  McLein 
County,  11  N.  D.  356,  92  N.  W.  385. 


ELECTION   LAWS  OF  NORTH   DAKOTA  295 


Oti  right  of  person  who  is  incumbent  of  office  to  maintain  action  against 
intruder.     Jeuness  v.   Clark.  21  N.   D.  150,   129  N.  W.  357,  Ann.  Cas.  1913  B.  675. 

See  Weiderholt  v.  Lisbon  Sp.  School  Dist.,  41  N.  D.  146,  169  N.  W.  809; 
State  V.  Thursby-Butte  Sch.  Dist N.  D ,  178  N.  W.  787. 

Burden  of  proof  in   proceedings  by  quo  warranto.     100  Am.   Dec.   268. 

As  to  similar  provision  in  Cal,  Code  Civ.  Proc.,  sec.  803,  see  People  ex 
rel.  Beltner  v.  Riverside,  66  Cal.  288,  5  Pac.  350;  Ex  parte  Henshaw,  7i  Cal. 
486,  15  Pac.  110;  People  ex  rel.  Swift  v.  Bingham,  82  Cal.  238,  22  Pac.  1039; 
People  ex  rel.  Attorney-General  v.  Dashaway  Assoc.,  84  CaL  114,  12  L.  R.  A. 
117,  24  Pac.  277:  Havemeyer  v.  Superior  Court,  84  Cal.  327,  10  L.  R.  A.  627, 
18  Am.  St.  Rep.  192,  24  Pac.  121;  People  ex  rel.  Adams  v.  Oakland,  92  Cal. 
611,  28  Pac.  807;  Yore  v.  Superior  Court,  108  Cal.  431,  41  Pac.  477;  People 
ex  rel.  VVarfield  v.  Sutter  St.  R.  Co.,  129  Cal.  545,  79  Am.  St.  Re^  137,  62 
Pac.  104;  People  ex  rel.  Fogg  v.  Perris  I.  Dist.,  132  Cal.  289,  64  Pac.  399,  773; 
People  ex  rel.   Wicks  v.   Jones,  20  Cal.   50. 

§  7970.  WHO  PLAINTIFF.  When,  the  action  is  prosecuted  by  the 
attorney -genera  I,  the  state  of  North  Dakota  shall  be  plaintiff;  when  it 
is  pro.secute(l  by  a  private  person,  sucli  person  shall  be  the  plaintiff 
therein  aiid  the  proceedings  in  such  action  shall  be  the  same  as  in  an 
action  by  a  private  person,  except  as  otherwise  specially  provided.  R.  C 
1905,  §  7350:  R.  C.  1S95,  §  5742.) 

§  71)71.  AGAINST  USURPING  OFFICER,  ETC.  An  action  may 
be  commenced  by  the  state,  or  any  person  who  has  a  special  interest 
in  •  the   action,    iigain.st   the   parties   offending  in   the  following   cases: 

1.  AMien  any  ijerson  shall  usurp,  intrude  into  or  unlawfully  hold, 
or  exercise  any  public  office,  civil  or  military,  or  any  franchise  within 
this  state,  or  any  office  in  a  corporation  created  by  the  authorities  of 
this  state:  or. 

2.  When  any  publio  officer,  civil  or  military,  shall  have  done  or  suf- 
fered an  act  which  ])y  the  provisions  of  law  shall  make  a  forfeiture 
of  his  office :  or. 

8.  \Mien  any  association  or  number  of  persons  shall  act  within  this 
state  as  a  corporation  without  being  duly  incorporated.  (R.  C.  1905, 
§  7851 :  C.  Civ.  P.  1S77.  §  584 :  R.  C.  1895,  §  5743. ) 

Action   by   state   against   person   usurping  office.     State   v.   Sheldon,   8   S.    D. 
525,  67  N.  W.  613;   State  v.   Finnerud,  7  S.   D.  237,  64  N.   W.   121;   Wishek  v. 
Becker.  10  N.  D.  63.  84  N.   W.  590. 

As  to  similar  provision  in  Ala.  Code,  1896,  ch.  94,  sec.  3420,  see  Goodnow 
V.   Wakefield,  145  Ala.   536,  40  So.   122. 

S  7972.  SECURITY  FOR  COSTS  FROM  PRIVATE  PARTY.  Be- 
fore commencing  an  action  under  this  chapter  at  the  request  of  a  party 
having   an    interest   therein    the   attorney-general    may   require  as   a    con- 


STATE  OF  NORTH   DAKOTA 


dition  of  commencing  the  same  that  satisfactory  security  be  given  to 
indemnify  the  state  against  costs  and  expenses  which  may  be  incurred 
therein.  (R.  C.  1905,  §  7352;  C.  Civ.  P.  1877,  §  535;  R.  C.  1895,  §  5744.) 
§  7973.  COMPLAINT  FOR  USURPING  OFFICE.  ARREST  OF 
DEFENDANT.  The  complaint  in  an  action  commenced  against  a  per- 
son for  usurping  an  office  in  addition  to  the  statement  of  the  cause 
of  action  may  also  set  forth  the  name  of  the  person  rightfully  entitled 
to  the  office  with  a  statement  of  his  right  thereto:  and  in  such  case 
upon  proof  by  affidavit  that  the  defendant  has  received  fees  or  employments 
belonging  to  the  office  and  by  means  of  his  usurpation  thereof,  an  order 
may  be  granted  by  the  judge  of  the  court  for  the  arrest  of  such  defendant 
and  holding  him  to  bail ;  and  thereupon  he  shall  be  arrested  and  held 
to  bail  in  the  manner  and  with  the  same  effect  and  subject  to  the  same 
rights  and  liabilities  as  in  other  civil  actions  in  which  the  defendant 
is  subject  to  arrest.  (R.  C.  1905^  §  7353:  C.  Civ.  P.  1877.  §  536;  R.  C. 
1895,   §  5745.) 

Officers  having  prima  facie  title  entitled  to  possession  pending  investiga- 
tion.    State  V.  Herreid,  10  S.  D.  16,  71  N.  W.  319. 

Title  to  office  may  be  tried  by  quo  warranto.  State  v.  Callahan,  4  N.  D. 
481,  61  N.  W.  1025. 

Proceedings  against  persons  usurping  office.  Territory  v.  Hauxhurst,  3  D. 
205,  14  N.   W.  432;   State  v.  Gardner,  3  S.  D.  553,  54  N.   W.  606. 

See  R.  R.  V.  Brick  Co.  v.  Grand  Forks,  27  N.  D.  8,  145  N.  W.  725. 

§  7974.  WHAT  JUDGMENT  SHALL  INCLUDE.  In  every  such 
case  judgment  shall  be  rendered  upon  the  right  of  the  defendant  and 
also  upon  the  right  of  the  party  so  alleged  to  be  entitled,  or  only  upon 
the  right  of  the  defendant  as  justice  shall  require.  (R.  C.  1905,  §  7354; 
C.  Civ.  P.  1877,  §  537;  R.  C.  1899,  §  5746.) 

As  to  similar  provision  in  Cal.  Code  Civ.  Proc,  sec.  805,  see  Ex  parte 
Henshaw,  73  Cal.  486,  15  Pac.  110. 

§  7975.  WHEN  CLAIMANT  TAKES  OFFICE  If  judgment  is 
rendered  upon  the  right  of  the  person  so  alleged  to  be  entitled  and 
the  same  is  in  favor  of  such  person  he  shall  be  entitled  after  taking 
the  oath  of  office  and  executing  such  official  bond  as  may  be  required 
by  law  to  take  upon  himself  the  execution  of  the  office;  and  it  shall 
be  his  duty  immediately  thereafter  to  demand  of  the  defendant  in  the 
action  all  the  books  and  papers  in  his  custody  or  within  his  power,  be- 
longing to  the  office  from  which  he  shall  have  been  excluded.  (R.  C. 
1905,  §  7355,  C.  Civ.  P.  1877,  §  538;  R.  C.  1899,  §  5747.) 

§  7976.  REFUSAL  TO  DELIVER.  PUNISHMENT.  If  the  defend- 
ant refuses  or  neglects  to  deliver  any  of  the  books  or  papers,  demanded 
as  prescribed  in  the  last  section,  he  is  guilty  of  a  misdemeanor ;  and 
the  court,  or  a  judge  thereof,  may  by  order  put  the  person  entitled  to 
the   office    in    possession    thereof   and   of   all    the   books   and    papers    be- 


ELECTION   LAWS   OF  NORTH   DAKOTA  297 


longing  thereto;  and  any  party  refusing  to  deliver  the  same,  when  ordered 
as  aforesaid,  shall  be  punished  as  for'  contempt.  (R.  C.  1905,  §  7356'; 
C.  Civ.  P.  1877,  §  539;  R.  C.  1895,  §  5748.) 

§  7977.  DAMAGES  FOR  USURPATION.  If  judgment  is  rendered 
upon  the  right  of  the  person  so  alleged  to  be  entitled  in  favor  of  Buch 
person,  he  may  recover  by  action  the  damages  which  he  shall  have 
sustained  by  reason  of  the  usurpation  by  the  defendant  of  the  oflSce 
from  which  such  defendant  has  been  excluded.  (R.  C.  1905,  §  7357; 
C.  Civ.  P.  1877,  §  540;  R.  C.  1899,  §  5749.) 

§  7978.  JOINDER  OF  SEVERAL  CLAIMANTS.  When  several  per- 
sons claim  to  be  entitled  to  the  same  office  or  franchise,  one  action  may 
be  brought  against  all  such  persons,  in  order  to  try  their  respective 
rights  to  such  office  or  franchise.  (R.  C.  1905,  §  7358;  C.  Civ,  P.  1877, 
§  541;  R.  C.  1899,   §  5750.) 

Several  members  of  board  of  township  supervisors  may  be  joined  as  de- 
fendants in  quo  warranto  to  determine  their  rights  as  members  of  board. 
State  V.  Gray,  27  S.  D.  461,  131  N.  W.  800. 

As  to  similar  provision  in  Cal.  Code  Civ.  Proc.,  sec.  808,  see  People  ex  rel. 
Let  V.   Prewett,  124  Cal.   7,   56  Pac.   619. 

§  7979.  JUDGMENT  AGAINST  INTRUDER.  When  a  defendant 
against  whom  such  actions  shall  have  been  commenced  shall  be  ad- 
judged guilty  of  usurping,  intruding  into  or  unlawfully  holding  or  exer- 
cising any  office,  franchise  or  privilege,  judgment  shall  be  rendered  that 
he  be  excluded  from  such  office,  franchise  or  privilege  and  also  that  the 
plaintiff  recover  costs  against  him.  The  court  may  also  in  its  discretion 
impose  upon  such  defendant  a  fine  not  exceeding  five  thousand  dollars, 
which  fine  when  collected  shall  be  paid  into  the  treasury  of  the  state 
to  the  cretlit  of  the  school  fund.  (R.  C.  1905,  §  7359;  C.  Civ.  P.  1877, 
§  542;  R.  C.  1895,  §  5751.) 

Fine  of  five  thousand  dollars  may  be  imposed  upon  one  usurping  office  of 
sheriff,  upon  ousting  him  from  office  by  segregating  part  in  which  he  has 
residence  from  other  portion  of  county.  Holtan  v.  Beck,  20  N.  D.  5,  125 
N.  W.  1048. 

As  to  similar  provision  in  Cal.  Code  Civ.  Proc.,  sec.  809,  see  People  ex  rel. 
Swift  v.  Bingham,  82  Cal.  238,  22  Pac.  1039;  People  ex  rel.  Warfield  v.  Sutter 
St.  R.  Co.,  129  Cal.  545,  79  Am.  St.  Rep.  137,  62  Pac.  104. 

MANDAMUS. 

§  8457.  BY  AND  TO  WHOM  ISSI'ED.  The  writ  of  mandamus 
may  be  issued  by  the  supreme  and  district  courts  to  any  inferior  tribunal, 
'  orporation,  board  or  person  to  compel  the  performance  of  an  act  which 
the   law   specially  enjoins  as   a   duty   resulting   from   an   office,   trust    or 


298                     STATE  OF  NORTH  DAKOTA  i 

Station ;   or  to  compel   the  admissiou   of   a   party   to   the  use   and  enjoy-  ; 

ment  of  a  right  or  oflSce  to  which  he  is  entitled  and  from  which  he  isd 

unlawfully   precluded   by    such    inferior    tribunal,    corporation,    board  or , 
person.     (R.  C.  1905,  §  7822;  C.  Civ.  P.  1877,  §  695;  R.  C.  1899,  §  6110.)  =i 

Real    party    in    interest    should    be    named   as    plaintiff,    Heintz    v.    Moulton,  ■ 

7  S.  D.  272,  64  N.   W.  135;     Howard  v.  City  of  Huron,  5   S.   D.   539,  59  N.   W.  ' 

833,  26  L.   R.  A.   493;   Smith  v.   Lawrence,   2  S.    D.   185,   49   N.   W.   7;   Territory  ' 

V.  Cole,  3  D.  301,  19  N.  W.  493.  1 

Where  concerns  a  large  number  of  persons  should  be  applied  for  by  attorney-  '] 

general  in  name  of  state.     State  v.  Carey,  2  N.  D.  36,  49  N.   W.   164.  j 

Will  only  issue  when  right  of  relator  is  clear.     Bailey   v.   Lawrence  County  .' 
2  S.  D.  533,  51  N.  W.  331 ;  Howard  v.  City  of  Huron,  6  S.  D.  180,  60  N.  W.  803, 
State  V.  Getchell,  3  N.  D.  243,  55  N.  W.  585. 

Original  jurisdiction  of  supreir.e  court  to  issue  to  lower  courts  and  officers. 

State  V.  Nelson  County,  I'N.  D.  88,  45  N.  W.  33,  26  Am.   St.  Rep.  609,  8  L.  R.  ^ 

A.  283;  City  of  Huron  v.  Campbell,  3  S.  D.  309,  53  N.  W.  182;  Everitt  v.  Board  of  i 

Commissioners,  1  S.  D.  365,  47  N.  W.  2%;  State  v.  Judge,  3  N.   D.  43,  53  N.  W.  ■ 

433;  Vine  v.  Jones,  13  S.  D.  54,  82  N.  W.  82.  'j 

County  official  may  compel  commissioners  to  provide  office.     Cleary  v.  Eddy 

County,  2  N.  D.  397,  51  N.  W.  586;  State  v.  Porter,  15  S.  D.  387,  89  N.  W.  1012.  J 

Not   issue   to   compel   officer   to   act   in   violation    of   restraining    order.     Wil- 

marth  v.  Ritschlag,  9  S.  D.  172,  68  N.  W.  312.  [ 

Final  determination  is  a    judgment.      Hardy  v.  Purington,  6  S.  D.  382;  61  N. 

W.  158;  State  v.  Young,  6  S.  D.  406,  61  N.  W.  165.  i 

Not  issue  to  interfere  with  discretion  of  officer.     Sawyer  v.  Mahew,   10  S.   D.  ' 

18,  71  N.  W.  141.  : 

Mandamus  lie«  to  compel  supervisors  to  enter  their  findings  on  their  records.  i 

State  ex  rel.   Andrews  v.   Boyden,   18  S.    D.   388,   100  N.    W.  763.  ^ 

Order   of   judge   granting    peremptory    writ    not   appealable    until    decision    of  '\ 

case.    Holden  v.  Haserodt,  3  S.  D.  4,  51  N.   W.  340;  Territory  v.  Shearer,  2   D.  ^ 

332,  8  N.  W.  135;   Evans  v.  Bradley,  4  S.  D.  83,  55  N.  W.  721.  ] 

Prevailing    rule    of    law    is    title    to    office    will    not    be    tried    by    mandamus. 

State  ex  rel.   Butler  v.  Callahan,  4  N.  D.  481,  61  N.   W.  1025;   St.  v.  McDonald,  } 

41  N.   D.   389,  170  N.  W.  873.  j 

Supreme    court    may    by    mandamus    direct    district    courts    to    settle    state-  j 
ment  of  case.     Kaeppler  v.  Pollock,  8  N.  D.  59,  76  N.  W.  987. 

Supreme   court   has    superintending     control    over    inferior   courts     and     has 

'           power  to  issue  writ  of  mandamus  for  such  purpose  where  there  is  no  adequate  ^^• 

remedy  at  law.     State  ex  rel.  Red  River  Brick  Corp.  v.  District  Ct.  24  N.  D.  28,  ■ 

138  N.  W.  988.  i 

Supreme  court  may,  by  mandamus,  direct  county  auditor  which  of  two  sets  I 
of  nominees  to  put  on  ballot.     State  ex   rel.   Howells   v.    Metcalf,   18  S.    D.   393, 

67  L.  R.  A.  331,  100  N.  W.  923.  i 

Original  jurisdiction  of  court  of  last   resort   in   mandamus  case.     58  L.   R.   A. 

833;  38  L.  R.  A.  (N.  S.)  1000.  i 

Right    of    relator    in    mandamus    proceedings    to    attack    constitutionality    of  1 

statute  relied  upon  by  respondent.     16  L.   R.  A.   (N.  S.)  266.  i 

When  writ  of  mandamus  could  be  rendered  nugatory  by   taking  new  action 

avoiding  defects  complained  of.    31  L.  R.  A.   (N.   S.)  512.  ■ 

Mandamus  to  compel  performance  of  a  public  duty.    28  Am.  Rep.  448.  i 

performance   of   what   duties   may    be   compelled   by    man  -  I 

damus.    125  Am.  St.  Rep.  492.  \ 

to    compel     performance     of    public    duty     at     instance     of  j 

private   person.     7  Am.   St.    Rep.   484.  ] 


» 


ELECTION   LAWS  OF  NORTH  DAKOTA  299 


against  public  officers.    98  Am.  St.  Rep.  863. 

to  governor.    6  L.  3.  A.  (N.  S.)  750;  32  L.  R.  A.   (N.  S.) 

355;  33  Am.  Dec.  361;  31  Am.  St.  Rep.  294. 

to  compel  acceptance  of  office.    24  L.  R.  A.  493. 

to  compel  action  of  medical  board.    20  L.  R.  A.  355. 

•••to  compel  performance  of  continuous  acts  or  control  gen- 
eral course  of  official  conduct.    39  L.  R.  A.  (N.  S.)  810. 

to    compel    former    officer,    after    the    expiration    of    term, 

to  perform  duty  pertaining  to  his  office.    36  L.  R.  A.  (N.  S.)  1084. 

to  compel  election  officers  to  act  after  they  have  met  and 

adjourned.    36  L.  R.  A.   (N.   S.)   1089. 

to  compel  payment  of  salary  to  public  officer  whose  title 

is  disputed.    1  L.  R.  A.  (N.  S.)  588. 

to    try    question,    who    is    de    facto    officer.    13    L.    R.    A. 

(N.  S.)  661. 

to  restore  officer  unlawfully  removed.    12  Am.   Dec.   28. 

to  compel  surrender  of  office.    31   L.   R.  A.  349. 

to    compel    one    usurping   office    to    turn    over   papers.    35 

L.  R.  A.  (N.  S.)  528. 

to  compel  inferior  court  to  execute  or  enforce  its  judg- 
ment or  decree.    24  L.  R.  A.  (N.  S.)  886. 

in  exercise  of  superintending  control  over  inferior  courts. 

51   L.   R.  A.  33. 

to  compel  judge  to  sign  bills  of  exception,  etc.    36  L.   R. 

A.  (N.  S.)  1087. 

to  prevent   change  of   venue  from   court   having  exclusive 

jurisdiction,  2  L.  R.  A.   (N.   S.)   568. 

to  compel  removal  of  case  to  federal  court  or  remanding 

of  case  to  state  court.     37  L.  R.  A.   (N.  S.)  392. 

As  to  similar  provision  in  Cal.  Code  Civ.  Proc.,  §  1085,  see  Leach  v. 
Aitken,  91  Cal.  484,  28  Pac.  777;  Kennedy  v.  Board  of  Education,  82  Cal.  483, 
22  Pac.  1042;  Barber  v.  Mulford,  117  Cal.  356,  49  Pac.  206;  Stanley-Taylor  Co.  v. 
Board  of  Supervisors,  135  Cal.  486,  67  Pac.  783;  Howe  v.  Southrey,  144  CaL  767, 
78  Pac.  259;  Cahill  v.  Superior  Court,  145  Cal.  42,  78  Pac.  467;  People  ex  rel. 
Meniinger  v.  Sexton.  24  Cal.  78. 

COUNTY  COURTS. 

§  S92t>.  MAY  HAVE  INCREASED  JURISDICTION,  HOW.  When- 
ever the  board  of  county  commissioners  of  any  county  shall  be  presented 
with  a  petition  signed  by  at  least  twenty  per  cent  of  the  qualified  voters 
and  taxpayers  of  said  county,  praying  for  the  submission  to  the  roters  of 
the  county  of  the  question  whether  the  county  court  of  said  county  shall 
have  increased  jurisdiction,  and  in  counties  having  such  increased  jurisdic- 
tion whether  the  same  shall  be  abolished,  it  shall  be  the  duty  of  said 
board  to  cause  the  same  to  be  submitted  to  the  voters  of  the  county  at 
the  next  general  election ;  provided,  that  said  board  may  in  its  discretion 
call  a  special  election  to  determine  said  question.  Notice  of  said  special 
election  shall  be  given  by  publishing  r  notice  of  the  same,  stating  the  ob- 
ject of  said  election,  in  three  newspaperc  in  the  county  once  each  week 
for  three  successive  weeks ;  provided,  that  the  last  publication  shall  be  at 
least  ten  days,  and  not  more  than  fifteen  days,  immediately  preceding  said 
election.     In  case  there  are  not  three  newspapers  published  in  the  county, 


300  STATE  OF  NORTH  DAKOT4 

then  said  notice  shall  be  published  in  such  newspapers  as  are  situated  in  ' 
said  county  and  in  not  more  than  the  three  nearest  newspapers  published 
in  adjoinmg  counties.  The  petition  presented  to  the  board  of  county  . 
commissioners,  as  provided  in  this  chapter,  must  show  the  population  of  ; 
said  county  to  be  at  least  two  thousand,  that  the  i)etitioners  are  qualified  j 
voters  and  taxpayers  of  said  county  and  must  be  verified  by  at  least  three  \ 
of  the  petitioners  showing  these  facts ;  provided,  further,  that  a  majority  ot  \ 
the  highest  number  of  votes  cast  at  such  election  on  any  proposition  j 
whatever,  shall  be  necessary  to  carry  such  question  of  increased  jurisdic-  j 
tion  or  abolishing  same;  and  provided,  further,  that  an  election  for  the  ; 
purpose  of  abolishing  such  increased  jurisdiction  of  the  county  court  ; 
shall  not  be  held  oftener  than  once  in  six  years.  (1009,  ch.  7S,  §  1 ;  R.  C,  • 
1905,  §  8288;  Const.  §  111;  1903,  ch.  GO.) 

Majority   of    all    votes   cast    on    question    of    increased    jurisdiction    sufificient.  j 

State  V.  Fabrick  18  N.  D.  402,  121  N.  W.  65.  | 

See  Opinions  of  Attorney  General  Nos,  106  and  107.  1 

JUSTICES   OF  THE   PEACE.  ' 

i 

§  9003.     OFFICE  OF  JUSTICE,  AVHERE.     Every  justice  of  the  peace  i 

shall  keep  his  office  and  hold  his  court  at  a  place  by  him  selected,  which  ; 

must  be  within  the  county,  civil  township,  city  or  town  as  the  case  may  i 

be  in  which  he  may  have  been  elected  or  appointed.     (R.  C  1905,  §  8342;  ] 
Jus.  C.  1877,  §  1;  R.  C.  1895,  §  6620.) 

Judicial  acts  to  be  performed  within  town  or  city  where  elected.     Re  Dance,  . 

2  N.  D.  184,  49  N.  W.  733,  33  Am.  St.  Rep.  768. 

Place  at  which  justice  of  the  peace  may  act.    33  L.  R.  A.  90. 

Right  of  woman  to  be  justice  of  the  peace.    38  L.  R.  A.  209.  ^ 

\ 
§  9014.     DOCKET  TO  BE  DEPOSITED  WITH  THE  CLERK  OF  THE    , 

DISTRICT    COURT.     Every    county   justice   of    the    peace    upon    the    ex-   ■ 
piration  of  his  term  of  office  must  deposit  with  the  Clerk  of  the  District 
Court  his  official  dockets  and  all  papers  filed  in  his  office,  his  own  as  well   ' 
as  those  of  his  predecessors,  if  any.  or  any  other  which  may  be  in  his  cus-  ■ 
today,  to  be  kept  as  public  records.     (1921,  ch.  82,  §  1 ;  R.  C.  1905,  §  8353; 
R.  C.  1895,  §  6630.) 

§  JXH5.     DOCKET.       AVHERE      DEPOSITED.       WHEN      VACANCY  j 

OCCURS.     If  the  office  of  a  county  justice  of  the  peace  becomes  vacant  j 

by   his  death,  removal  or   otherwise  before  his  successor   is  elected  and  ^ 

•j 
qualified,  the  dockets  and  papers  in  po.ssession  of   such  justice  must  be 

deposited  in  the  office  of  the  Clerk  of  tlie  District  Court  to  be  by  him  de-  i 

livered  to  the  successor  of  such  justice.     (1921,  ch.  82,   §  2;  R.  C.  1JK)5,  I 

§  8354;  R.  C.  1895,  §  6631.) 

Any  County  Justice  of  the  Peace,  or  any  person,  violating  any  of  the  j 
provisions  of  this  act  (9014,  9015)  shall  be  liable  to  a  fine  of  not  less  than 
ten   dollars  nor  more   than   one   hundred  dollars,   to  be   recovered   in   a  ^ 
civil  action  by  the  county.     (1921,  ch.  82,  §  3.)  j 


ELECTION   LAWS  OF-  NORTH  DAKOTA  301 


CRIMES  AGAINST  THE  ELECTIVE  FRANCHISE. 

§  9250.  ELECTOR.  GIVING  OR  RECEIVING  BRIBE.  Every  per- 
son, who,  by  force,  threats,  bribery  or  by  offering  to  give  or  by  giving  a 
bribe  to  any  elector,  or  by  any  corrupt  means  whatever,  either  directly  or 
indirectly,  attempts  to  influence  or  influences  any  such  elector  in  giving 
his  vote  at  any  election ;  or  who  attempts  to  deter  or  deters  him  from 
giving  his  vote  at  such  election,  or  attempts  by  any  means  whatever  to  awe, 
restrain,  hinder  or  disturb  any  elector  in  the  free  exercise  of  the  right  of 
suffrage,  or  defrauds  any  elector  at  any  such  election  by  deceiving  and 
causing  such  elector  to  vote  for  a  different  person  for  any  oflBce  than  he 
intended  or  desired  to  vote  for.  or  who,  being  an  inspector,  member  of 
the  board  of  election,  judge  or  poll  clerk  of  any  election,  while  acting  as 
such  or  during  the  continuance  of  an  election,  induces  or  attempts  to  in- 
duce any  elector,  either  by  menaces,  or  reward  or  promises  thereof,  to 
vote  differently  from  what  such  elector  intended  or  desired  to  vote,  is- 
guilty  of  a  misdemeanor  and  is  punishable  by  a  fine  not  exceeding  one 
thousand  dollars  and  not  less  than  one  hundred  dollars  and  by  imprison- 
ment in  the  county  jail  not  exceeding  one  year  and  not  less  than  three 
mouths.     (R.  C.  1905,  §  8585;  Pen.  C.  1877,  §  56;  R.  C.  1895,  §  6855.) 

§  9251.  ELECTOR.  ILLEGAL  INFLUENCE.  Every  person  offer- 
ing, giving  or  loaning  to  another  any  money  or  other  thing  of  value,  to 
induce  him  to  influence  any  elector  to  vote. in  a  particular  way  or  for  any 
person  at  any  such  election,  shall  be  punished  by  a  fine  not  exceeding  five 
hundred  dollars,  or  be  imprisoned  in  the  county  jail  not  exceding  one  year, 
or  by  both  such  fine  and  imprisonment.  (R.  C.  1905,  §  8586;  Pen.  C.  1877, 
§  57:  R.  C.  1899,  §  6856.) 

§  9252.  BETTING  UPON  ELECTION,  HOW  PUNISHED.  Every 
person  who  makes,  offers  or  accepts  any  bet  or  wager  upon  the  result  of 
any  election,  or  upon  the  success  or  failure  of  any  person  or  candidate,  or 
upon  the  number  of  votes  to  be  cast  either  in  the  aggregate  or  for  any 
particular  candidate,  or  upon  the  vote  to  be  cast  by  any  particular  person 
or  persons,  or  upon  the  decision  to  be  made  by  any  inspector  of  election, 
board  of  election  or  any  member  thereof,  or  any  canvasser,  board  of  can- 
vassers or  other  election  ofiicers,  or  any  question  arising  in  the  course  of 
an  election,  or  upon  any  event  whatever  depending  upon  the  conduct  or 
result  of  an  election  or  upon  the  conduct  or  decision  of  any  oflBcer  of  an 
election  or  board  of  such  oflScers.  is  guilty  of  a  misdemeanor.  (R.  C 
1905,  §  8587;  Pen.  C.  1877,  §  58:  R.  C.  1895,  §  6857.) 

20  C.  J.  page  80,  &  A7,  By  constitutional  provision  in  some  states  no  person 
can  vote  at  an  election  who  shall  make  or  become  directly  or  indirectly  in- 
terested in  any  bet  or  wager  dependent  upon  the  result  thereof.  But  such 
provision  seems  to  be  beyond  the  power  of  a  state  legislature,  where  the  con- 
sHtution  has  fully  defined  the  qualifications  of  electors  and  is  silent  on  the 
subject  of  wager,  citing, 

In  re  Clothier,  2  Chest.  Co.  (Pa.)  355. 

See  Opinions  of   the   Attorney   General,   No.   108, 


302                                                 STATE  OF  NORTH  DAKOTA  ; 

§  9253.     OFFERS    OF    OFFICE,    HOW    PUNISHED.     Every    person  \ 

who,  being  a  candidate  at  any  election,  offers  or  agrees  to  appoint  or  pro-  I 

cure  the  appintment  of  any  particular  person  or  persons  to  office,  as  an  j 

inducement  or  consideration  to  any  person  to  vote  for,  or  to  procure  or  ] 

aid  in  procuring  the  election  of  such  candidate,  is  guilty  of  a  misdemean-  ] 

or.     (R.  C.  1905,  §  8588;  Pen.  C.  1877,  §  59;  R.  C.  1899.  §  6858.)  ] 

§  9254.     COMMUNICATING  SAME.     Every  person  who,  not  being  a  •• 

candidate,  communicates  any  offer  made  in  violation  of  the  last  section,  to  . 

any  person,  with  intent  to  induce  him  to  vote  for  or  to  procure  or  aid  in  i 

procuring  the  election  of  the  candidate  making  the  offer,  is  guilty  of  a  j 

misdemeanor.     (R.  C.  1905,  §  8589;  Pen.  C.  1877,  §  60 ;  R.  C.  1899,  §  6859.)  i 

§  9255.     CONTRIBUTING   MONEY   FOR    ELECTIONS,    HOW   PUN-  | 

ISHED.    EXCEPTIONS.     Every  person  who,  with   intent  to  promote   the  j 

election,  either  of  himself  or  of  any  other  person  or  candidate,  either :  I 

1.  Furnishes,  or  engages  to  pay  or  deliver  any  money  or  property,  * 
for  the  purpose  of  procuring  the  attendance  of  voters  at  the  polls,  or  for  ; 
the  purpose  of  compensating  any  person  for  procuring  attendance  of  ^ 
voters  at  the  polls,  except  for  the  conveyance  of  voters  who  are  sick,  j 
poor  or  infirm  ;  or,  i 

j 

2.  Furnishes,  or  engages  to  pay  or  deliver  any  money  or  property,  ^ 
for  any  purpose  intended  to  promote  the  election  of  any  candidate,  except  .' 
for  the  expenses  of  holding  and  conducting  public  meetings  for  the  discus-  ■ 
sion  of  public  questions,  and  of  printing  and  circulating  ballots,  handbills  i 
and  other  papers,  previous  to  such  election,  is  guilty  of  a  misdemeanor,  j 
(R.  C.  1905,  §  8590;  Pen.  C.  1877,  §  61 ;  R.  C.  1899,  §  6860.)  j 

§  9256.     DEFRAUDING   ELECTOR   IN  HIS   VOTE.     Every     person 

who  fradulently  alters  the  ballot  of  any  elector  or  substitutes  one  ballot  5 

for  another,  or  furnishes  any  elector  with  a  ballot  otherwise  than  as  pro-  } 
vided  and  authorized  by  law,  or  with  a  ballot  containing  more  than  the 

proper  number  of  names,  or  who  intentionally  practices  any  fraud  upon  .^ 

any  elector  to  induce  him  to  deposit  a  ballot  as  his  vote  and  to  have  the  I 

same  thrown  out  and  not  counted,  or  otherwise  to  defraud  him  of  his  5 

vote,   is   guilty   of   a   misdemeanor.     (R.    C.    1905,    §  8591:    Pen.    C.    1877,  i 

§  62;  R.  C.  1895,  §  6861.)  J 

§  9257.     OBSTRUCTING    ELECTOR.     Every     person     who     willfully  \ 

and  without  lawful  authority  obstructs,  hinders  or  delays  any  elector  on  his  ^ 

way  to  any  poll  where  an  election  shall  be  held,  is  guilty  of  a  misdemeanor,  ^ 

(R.  C.  1905,  §  8592;  Pen.  C.  1877,  §  63;  R.  C.  1899,  §  6862.)  * 

m 

§  9258.    DOUBLE  VOTING  OR  OFFER.   Every  person  who  votes  more  -^ 

than  once  at  any  election,  or  who  offers  to  vote  after  having  once  voted,  v 

either  in  the  same  or  in  another  election  precinct  or  district,  shall  be  j 

punished  by  fine  not  exceeding  two  hundred  dollars,  or  by  imprisonment  I 


ELECTION   LAWS  OF  NORTH   DAKOTA  303 

in  the  county  jail  not  exceeding  one  year.      (R.  C.  ll>or».  §  8503;  Pen.  C. 
1877,  §  64;  R.  C.  1899,  §  6863.) 

§  9259.  UNQUALIFIED  VOTER.  Every  person  knowing  himself  not 
to  be  a  qualified  voter,  who  votes  or  offers  to  vote  at  any  election,  shall  be 
punished  by  a  fine  not  exceeding  two  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  not  exceeding  six  months.  (R.  C.  1905.  §  8594; 
Pen.  C.  1877,  §  65;  R.  C.  1899,  §  6864.) 

Good  faith  as  affecting  criminal  responsibility  for  illegal  registration  or 
voting.    37  L.   R.  A.   (N.   S.)  1177. 

§  9260.  PROCURING  UNQUALIFIED  VOTE.  Every  person  who 
procures,  aids,  assists,  counsels  or  advises  another  to  give  his  vote,  know- 
ing that  such  person  is  disqualified,  shall  he  punished  by  a  fine  not  ex- 
ceeding five  hundred  dollars,  nor  less  than  fifty  dollars,  and  by  imprison- 
ment in  the  county  jail  not  exceeding  one  year.  (R.  C.  1905,  §  8595; 
Pen.  C.  1877,  §  66 ;  R.  C.  1899.  §  6865.) 

§  9261.  ADVISING  UNQUALIFIED  VOTING.  Every  person  who 
procures  or  counsels  another  to  enter  any  town,  ward,  or  election  precinct 
or  district  for  the  purpose  of  giving  his  vote  at  an  election,  knowing  that 
such  i)erson  is  not  entitled  so  to  vote,  is  guilty  of  a  misdemeanor.  (R.  C. 
1905,  §  8596:  Pen.  C.  1877,  §  67:  R.  C.  1899.  §  6866.) 

§  9262.  VOTING  IN  WRONG  PRECINCT  OR  DISTRICT.  Every 
I)erson  who.  at  any  election,  knowingly  votes  or  offers  to  vote  in  any 
election  precinct  or  district  in  which  he  does  not  reside,  or  in  which  he 
is  not  authorized  by  law  to  vote,  is  guilty  of  a  misdemeanor.  (R.  C.  1905, 
§  8597:  Pen.  C.  1877,  §  68;  R.  C.  1899,  §  6867.) 

Does  not  apply  to  the  voter  who  votes  at  the  same  place  fixed  by  lawful 
authority  to  vote,  as  do  all  the  electors  in  the  precinct  in  which  he  resides. 
Kerlin  v.  Devils  Lake,  25  N.  D.  227,  141  N.  W.  756. 

Good  faith  as  affecting  criminal  responsibility  for  illegal  registration  or 
voting.    37  L.   R.  A.  (N.  S.)  1177. 

§  9263.  VOTING  UNLAWFULLY  AT  TOWN  MEETING,  Every 
I)erson  who  votes  at  any  annual  township  meeting,  in  a  township  in  which 
he  does  not  reside,  or  who  offers  to  vote  at  any  annual  township  meeting 
after  having  voted  at  an  annual  township  meeting  held  in  another  town- 
ship within  the  same  year,  is  guilty  of  a  misdemeanor.  (R.  C.  1905, 
5  8598 ;  Pen.  C.  1877.  §  741 :  R.  C.  1899.  §  6868. ) 

§  9264.  CONVICTED  FELON.  DENIED  VOTE.  Every  person 
who,  having  been  convicted  of  any  bribery  or  felony,  thereafter  offers  to 
vote  at  any  election  without  having  been  pardoned  and  restored  to  all 
the  rights  of  a  citizen,  is  guilty  of  a  misdemeanor.  (R.  C.  1905,  §  8599; 
Pen.  C.  1877,  §  69 ;  R.  C.  1899,  §  6869. ) 

§  9265.     UNAUTHORIZED     REGISTRATION,     HOW     PUNISHED. 

Every  person  who  causes  his  name  to  be  registered  as  that  of  an  elector. 


304                    STATE  OF  NORTH  DAKOTA  ; 

__         __  ^ 

upon  any  registry  of  voters  authorized  by  law  to  be  kept  in  any  town,  i 

city  or  election  precinct  or  district  of  this  state,  knowing  that  he  is  not  a  ■ 

qualified    voter    within    the    territorial    limits    covered   by    such    registry,  | 

is  punishable  by  imprisonment  in  the  penitentiary  not  less  than  one  year,  i 

(R.  C.  1905,  §  8G0O;  Pen.  C.  1877,  §  70;  R.  C.  1809,  §  G870.)  i 

Good    faith    as    affecting    criminal    responsibility    for    illegal    registration    or 
voting.    37  L.  R.  A.  (N.  S.)  1177. 

§  9266.     PERSONATING    REGISTERED    VOTER.         Every    person  ; 

who,  within  any  city,  town  or  election  precinct  or  district  in  this  state  in  ; 

which  a  registry  of  qualified  voters  is  by  law  authorized  to  be  kept  falsely  ; 

.personates  a  registered  voter,  and  in  such  personating  offers  to  vote  at  j 

any  election,  is  punishable  by  imprisonment  in  the  penitentiary  not  less  ' 

than  one  year.     (R.  C.  1905,  §  8601 ;  Pen.  C.  1877,  §  71 ;  R.  C.  1899,  §  6871.)  ; 

§  9267.     FALSE     STATEMENT,     PREVENTING     REGISTRATION.  ! 

Every  person  who.  at  the  time  of  requesting  his  name  to  be  registered  as  ^ 

that  of  a  qualified  voter,  upon  any  registry  of  voters  authorized  by  law  to  j 

be  kept  in  any  city,  town  or  election  precinct  or  district  of  this  state,  or  ] 

at  the  time  of  offering  his  vote  at  any  election,  knowingly  makes  any  false  j 

statement  or  employs  any  false  statement,  false   representation   or  false  | 

pretense  or  token,  to  procure  his  name  to  l)e  registered  or  his  vote  to  be  J 

received,  is  guilty  of  a  misdemeanor.      (R.  C.  1905,  §  8602;  Pen.  C.  1877,  ' 

§  72;  R.  C.  1899,  §  6872.)  i 

§  9268.     CONSTRUCTIVE    FALSE    STATEMENTS.     A    false    state-  ; 
ment.  representation  or  token,  made  or  used  in  the  r)resence  and  to  the 

knowledge  of  a  person  requesting  his  name  to  be  registered  or  offering  ■ 
his  vote,  is  to  be  deemed  made  by  himself,  if  it  appears  that  it  was  made 

or  used  in  support  of  his  claim  to  be  registered  or  to  votp,  that  he  knew  it  ; 

to  be  false  and  suffered  it  to  pass  uncontradicted.     (R.  C.  1905,  §  8603;  | 

Pen.  C.  1877,  §  73 ;  R.  C.  1899,  §  6873.)  \ 

1 

§  9269.     DISTURBANCE     OF     PUBLIC     MEETING.     Every     person  i 

who  willfully  disturbs  or  breaks  up  any  public  meeting  of  electors  and  : 

others,  lawfully  being  held  for  the  purpose  of  considering  public  questions,  ' 

is  guilty   of  a   misdemeanor.     (R.   C.    1905,    §  8604;    Pen.   C.   1877,    §  74;  1 

R.  C.  1899,  §  6874.)  : 

§  9270.     PREVENTING       PUBLIC       MEETING       OF       ELECTORS.  ; 

Every  person,  who,  by  threats,  intimidation  or  unlawful  violence,  willfully  ' 

hinders  or  prevents  electors  from  assembling  in  public  meeting  for   the  ] 

consideration   of  public   questions,    is   guilty   of   a   misdemeanor.     (R.    C.  ; 

1905,  §  8605;  Pen.  C.  1877,  §  75 ;  R.  C.  1899,  §  6875.)  : 

§  9271.     PREVENTING     ATTENDANCE     AT     PUBLIC     MEETING.  ■ 

Every  person  who  makes  use  of  any  force  or  violence  or  of  any  threat  to  i 
do  any  unlawful  act,  as  a  means  of  preventing  an  elector  from  attending 

any  public  meeting  lawfully  held  for  the  purpose  of  considering  any  public  i 


ELECTION  LAWS  OF  NORTH   DAKOTA  305 


questions,  is  guilty  of  a  misdemeauor.     (R.  C.  1905,  §  8606 ;  Pen.  0.  1877, 
§  7G:  R.  C.  1899,  §  6876.) 

§  9272.  INTIMIDATING  AND  BULLDOZING  ELECTORS.  Every 
person  who  willfully,  by  milawful  arrest,  by  force  and  violence  or  by 
threats  or  intimidation,  prevents  or  endeavors  to  prevent  an  elector  from 
freely  giving  his  vote  at  any  election,  or  employs  either  of  such  means  to 
hinder  him  from  voting,  or  to  cause  him  to  vote  for  any  person  or  candidate, 
shall  be  punished  by  a  fine  not  exceeding  one  thousand  dollars,  and  not 
less  than  fifty  dollars.  (R.  C.  1905,  §  8607;  Pen.  C.  1877,  §77;  R.  C. 
1899,  §  6877.) 

§  927a.  VIOLENCE.  THREATS,  ETC.,  OF  ELECTORS.  Every  per- 
son who  procures  or  endeavors*  to  procure  the  vote  of  any  elector,  or  the 
influence  of  any  person  or  other  electors,  at  any  election,  for  himself  or 
for  or  against  any  candidate,  by  means  of  violence,  threats  of  violence,  or 
threats  of  withdrawing  custom  or  dealings  in  business  or  trade,  or  en- 
forcing the  payment  of  debts,  or  bringing  a  suit  or  criminal  prosecution, 
or  any  other  threat  of  injury  to  be  inflicted  by  him  or  by  his  means  or 
procurement,  shall  be  punished  by  a  fine  not  exceeding  one  thousand  dol- 
lars, and  by  imprisonment  in  the  county  jail  not  exceeding  six  months. 
(R.  C.  1!X)5.  §  8608;  Pen.  C.  1877.  §  78;  R.  C.  1899,  §6878.) 

§  9274.     DISOBEDIENCE  OF  ELECTION  JUDGES  AND  OFFICERS. 

Every  person  who  willfully  disobeys  a  lawful  command  of  an  inspector  or 
judge  of  election  or  board  of  election,  or  board  of  judges  of  an  election  or 
election  officers,  given  in  the  execution  of  his  or  their  duty  as  such  at  any 
election,  is  guilty  of  a  misdemeanor.  (R.  C.  1905,  §  8609;  Pen.  C.  1877, 
§  79;  R.  C.  1895,  §  6879.) 

§  9275.  VIOLENCE  DISTURBING  ELECTION.  Every  person  who 
is  guilty  of  any  riotous  conduct,  or  causes  any  disturbance  or  breach  of  the 
peace,  or  uses  any  disorderly  violence  or  threats  of  violence,  whereby  any 
elector  is  impeded  or  hindered,  or  whereby  the  lawful  proceedings  of  any 
inspector  or  judge  of  election  or  poll  clerk  or  other  oflBcer  of  election  or 
election  officer,  or  board  of  election  or  canvasser  at  such  election,  in  the 
discharge  of  his  or  their  duty,  are  interfered  with,  is  guilty  of  a  mis- 
demeanor.    (R.  C.  1905.  §  8610;  Pen.  C.  1877,  §  80;  R.  C.  1895,  §  6880.) 

§  9276.  DISOBEDIENCE.  SUMMARY  ARREST  THEREFOR. 
"Whenever,  at  any  election,  any  person  refuses  to  obey  the  lawful  command 
of  an  inspector  or  judge  of  election,  or  of  a  board  of  election  or  other  officer 
of  election  or  election  officer  or  board  of  canvassers,  or  by  any  disorderly 
conduct  in  his  or  their  presence  interrupts  or  disturbs  his  or  their  pro- 
ceeding, he  or  they  may  make  an  order  directing  the  sheriff  or  con- 
stable of  the  county,  or  one  or  more  special  constables  to  be  appointed  by 
him  or  them,  to  take  the  person  so  offending  into  custody  and  detain  him 
until  the  final  canvass  :»pf  jthe  votes , shall,  be  completed.    But  such  order 


306  STATE  OF  NORTH  DAKOTA 


shall  not  prohibit  the  person  taken  into  custody  from  voting  at  such  elec-  j 
tion.     (R.  C.  1905,  §  8611;  Pen.  C.  1877,  §  81;  R.  C.  1809,  §  6881.)  ; 

See  Ch.  27,   §  27,  Pol.  C.  1877.  J 

§  9277.  SUCH  ARREST  NOT  DEFENSE.  The  fact  that  any  person,  ; 
offending  against  the  provisions  of  the  preceding  section,  was  taken  into  « 
custody  and  detained,  as  herein  authorized,  forms  no  defense  to  a  prosecu-  ' 
tion  for  the  offense  committed,  under  any  provisions  of  this  coile.  (R.  C.  : 
1905,  §  8612;  Pen.  C.  1877,  §  82 ;  R.  C.  1899,  §  6882.)  ; 

§  9278.  DESTROYING  BALLOTS  OR  BOXES  Every  person  who  i 
willfully  breaks  or  destroys,  on  the  day  of  an  election  or  before  the  canvass 
is  completed,  any  ballot  box  used  or  intended  to  be  used  at  such  election,  or  ; 
defaces,  injures,  destroys  or  conceals  any  ballot  which  has  been  deposited  ■ 
in  any  ballot  box  at  an  election,  and  has  not  already  been  counted  or  can-  i 
vassed,  or  any  poll  list  used  or  intended  to  be  used  at  such  election,  is  ! 
guilty  of  a  felony.  (R.  C.  1905,  §  8613;  Pen.  C.  1877.  §  83;  R.  C.  1899,  j 
§  6883.)  i 

§  9279.  FALSE  CERTIFICATES.  SUPPRESSING  CERTIFICATE.  ■ 
Every  person  who  falsely  makes,  or  makes  oath  to  or  fraudulently  destroys  ; 
any  certificate  of  nomination  or  any  part  thereof,  or  files  or  receives  for  j 
filing  any  certificate  of  nomination,  knowing  the  same  or  any  part  thereof 
to  be  falsely  made,  or  suppresses  any  certificate  of  nomination  which  has  : 
been  duly  filed,  or  any  part  thereof,  or  forges  or  falsely  makes  the  official  ; 
indorsement  on  any  ballot,  or  willfully  neglects  properly  to  indorse  said  J 
ballot  shall  be  deemed  guilty  of  a  felony,  and  upon  conviction  thereof  j 
shall  be  punished  by  imprisonment  in  the  penitentiary  not  less  than  one  i 
and  not  exceeding  five  years.  (R.  C.  1905,  §  8614;  1893,  ch,  66,  §  31;^ 
R.  C.  1895,  §  6884.) 

§  to80.  DESTROYING  SUPPLIES,  LISTS  OR  CARDS.  Every  per-  ; 
son  who,  during  an  election,  willfully  removes  or  destroys  any  of  the  sup-  ! 
plies  or  other  conveniences  placed  in  the  booths  or  compartments  for  the  j 
purpose  of  enabling  the  voter  to  prepare  his  ballot,  or  prior  to  or  on  the  . 
day  of  an  election  willfully  defaces  or  destroys  any  list  of  candidites  ' 
posted  in  accordance  with  the  provisions  of  law,  or  any  copy  of  the  printed  ; 
ticket  so  posted,  or  who,  during  an  election,  tears  down  or  defaces  the  j 
cards  printed  for  the  instruction  of  voters,  shall  be  deemed  guilty  of  a  mis-  , 
demeanor,  and  upon  conviction  thereof,  shall  be  fined  in  any  sum  not  ex-  ' 
eeeding  one  hundred  dollars,  (R,  C,  1905,  §  8615;  1893.  ch.  66.  §  32 ;  j 
R.  C,  1895,  §  6885.)  ; 

§  9281.  FALSE  POLL  LIST.  Every  poll  clerk  or  clerk  of  the  poll  at  i 
any  election,  who  willfully  keeps  a  false  poll  list,  or  who  knowingly  inserts  | 
in  his  poll  list  any  false  statement  is  guilty  of  a  misdemeanor.     (R.  C.  j 


1905,  §  8616;  Pen.  C.  1877,  §  84;  B.  C.  1895,  §  6886.) 


ELECTION   LAWS   OF   NORTH   DAKOTA  307 

r  §  0282.  MISCONDUCT  OF  JUDGES.  CHALLENGES.  Every  inspec- 
tor or  judge  of  an  election,  who  willfully  excludes  any  vote  duly  tendered, 
knowing  that  the  person  offering  the  same  is  lawfully  entitled  to  vote  at 
such  election,  or  who  willfully  receives  a  vote  from  any  T)erson  who  has 
been  duly  challenged  in  relation  to  his  right  to  vote  at  such  election, 
without  exacting  from  such  person  such  oath  or  other  proof  of  qualification 
as  may  be  required  by  law,  or  who  willfully  omits  to  challenge  any  person 
offering  to  vote,  whom  he  knows  or  suspects  not  to  be  duly  entitled  to  vote, 
and  who  has  not  been  challenged  by  any  other  person,  is  guilty  of  a  mis- 
demeanor.    (R.  C.  1905,  §  8617;  Pen.  C.  1877.   §  85 ;  R.  C.  1895,  §  6887.) 

§  9283.  FALSELY  CANVASSING  OR  CERTIFYING.  Every  in- 
spector or  judge  of  election,  member  of  any  board  of  election  or  of  can- 
vassers, poll  clerk,  messenger  or  other  oflScer  authorized  to  take  part  in  or 
perform  any  duty  in  relation  to  any  canvass  or  oflScial  statement  of  votes 
cast  at  any  election,  who  willfully  makes  any  false  canvass  of  such  votes, 
or  makes,  signs,  publishes  or  delivers  any  false  returns  of  such  election, 
knowing  the  same  to  be  false,  or  willfully  defaces,  destroys  or  conceals 
any  statement  or  certificate  intrusted  to  his  care,  is  guilty  of  a  misdemean- 
or.    (R.  C.  1905,  §  8618;  Pen.  C.  1877,  §  86;  R.  C.  1895,  §  6888.) 

§  9284.  BRIBING  ELECTION  OFFICERS.  Every  person  who 
gives  or  offers  a  bribe  to  any  inspector,  judge,  clerk,  canvasser  or  other 
oflScer  of  any  election,  or  of  any  board  of  election,  as  a  consideration  for 
some  act  done  or  omitted  to  be  done,  contrary  to  his  official  duty  in  re- 
lation to  such  election,  shall  be  punished  by  a  fine  not  exceeding  five 
himdred  dollars  and  imprisonment  in  the  county  jail  not  exceeding  six 
months.     (R.  C.  1905,  §  8619;  Pen.  C.  1877.  §  87;  R.  C.  1895,  §  6889. ) 

§  9285.  PENALTY,  DISFRANCHISEMENT.  Any  person  guilty  of 
either  of  the  offenses  mentioned  in  sections  9250  and  9251  shall  thereafter 
be  forever  disfranchised  and  rendered  ineligible  to  any  oflBce  of  trust  or 
profit  within  the  state,  including  that  of  representative  to  congress.  (R,  C. 
^5,  §  8620;  Pen.  C.  1877,  §  88 ;  R.  C.  1899,  §  6890.) 

§  9286.  WITNESS  NOT  EXCUSED.  NOT  PUNISHED.  No  person 
shall  be  excused  from  testifying  upon  a  prosecution  for  an  offense  men- 
tioned in  section  9251  upon  the  ground  that  his  statement  might  tend  to 
criminate  himself,  but  any  person  so  testifying  against  the  other  party 
shall  thereafter  be  exempt  from  punishment  for  such  offense  mentioned 
in  said  section.     (R.  C.  1905,  §  8621 ;  Pen,  C.  1877,  §  89;  R.  C.  1899,  §  6891.) 

§  9287.  ELCTION  DEFINED.  The  word  "election',"  as  used  in  this 
chapter,  designates  only  elections  had  within  this  state  for  the  purpose  of 
enabling  electors,  as  such,  to  choose  some  public  officer  or  officers  under  the 
laws  of  this  state,  or  of  the  United  States.  (R.  C.  1905,  §  8622;  Pen.  C. 
1877,  §  90;  R.  C.  1899,  §  6892.) 


i08  STATE  OF  NORTH  DAKOTA 


§  9288.  IRREGULARITIES  NO  DEFENSE.  Irregularities  or  defects] 
in  the  mode  of  noticing,  convening,  holding  or  conducting  an  election  au-1 
tliorized  by  law,  form  no  defense  to  a  prosecution  for  a  violation  of  the^ 
provisions  of  this  chapter.  (R.  C.  1905,  §  8623;  Pen.  C.  1877,  §  91 ;  R.  C. ' 
1899,  §  6893.)  > 

§  9289.  RIGHTS.  LAWFUL  INTERFERENCE.  Nothing  in  thisi 
chapter  shall  be  construed  to  authorize  the  punishment  of  any  person  who,  i 
by  authority  of  law,  may  interfere  to  prevent  or  regulate  an  election  which] 
has  been  unlawfully  noticed  or  convened,  or  is  being  or  is  about  to  be  un-j 
lawfully  conducted.  (R.  C.  1905,  §  8624;  Pen.  C.  1877,  §  92;  R.  C.  1899,1 
I  6894.)  j 

§  9290.     QUESTIONS       SUBMITTED.     CRIMINAL      ACTS.     Every; 

act  which  by  the  provisions  of  this  chapter  is  made  criminal  when  com-- 
mitted  with  reference  to  the  election  of  a  candidate,  is  equally  criminal ; 
when  committed  with  reference  to  the  determination  of  a  question  sub-! 
mitted  to  electors  to  be  decided  by  votes  cast  at  an  election.  (R.  C.  i 
1905,  §  8625;  Pen.  C.  1877,  §  93 ;  R.  C.  1899,  §  6895.) 

§  9291.  GOOD  FAITH.  GIVEN  IN  EVIDENCE.  Upon  any  prose-  i 
■cution  for  procuring,  offering  or  casting  an  illegal  vote,  the  accused  may ! 
give  in  evidence  any  facts  tending  to  show  that  he  honestly  believed  upon  i 
good  reason  that  the  vote  complained  of  was  a  lawful  one;  and  the  jury  i 
may  take  such  facts  into  consideration  in  determining  whether  the  acts! 
complained  of  were  knowingly  done  or  not.     (R.  C.  1905,  §  8626;  Pen.  C. 

1877,  §  94;  R.  C.  1899,  §  6896.) 

I 

§  9292.  SELLING  LIQUORS  ON  ELECTION  DAY.  Every  person' 
who  sells,  gives  away  or  disposes  of  any  intoxicating  liquors  as  a  beverage, ; 
on  the  day  of  any  general  election  or  special  or  local  election,  in  the ; 
town,  city  or  county  where  held,  shall  be  deemed  guilty  of  a  misdemeanor, ; 
and  upon  conviction  shall  be  punished  by  imprisonment  in  the  county  jail  i 
not  to  exceed  twenty  days,  and  by  fine  not  exceeding  one  hundred  and  not ' 
less  than  fifty  dollars.  (R.  C.  1905,  §  8627;  Pen.  C.  1877,  §  95;  R.  C.  ■ 
1895,  §  6897.)  i 

§  9293.  UNLAWFUL  VOTING  AT  CAUCUS.  PENALTY.  Every ' 
person  who  is  not  a  qualified  elector  of  the  ward  or  election  precinct  in  '■ 
which  any  caucus  or  primary  meeting  is  held  and  having  for  its  object ; 
either  immediately  or  ultimately,  the  nomination  or  selection  of  any  dele-  ! 
feate,  or  of  any  candidate  for  a  public  oflBce  to  be  voted  for  at  any  election  I 
in  this  state,  who  in  any  manner  votes  upon  any  question  or  issue  pending  i 
before  or  submitted  to  such  caucus  or  primary  meeting,  is  guilty  of  a  mis-  ■ 
demeanor.  It  shall  be  the  duty  of  the  clerk  of  any  caucus  held  under  : 
section  899  of  the  political  code  to  carefully  keep  and  preserve  the  record  ; 
of  the  caucus,  which  shall  include  a  list  of  the  names  of  each  person  j 
voting  at  the  said  caucus  for  six  months,  and  he  shall  at  any  time  within  j 
said  six  months  furnish  a  certified  copy  of  the  record  of  such  caucus  upon  i 


ELECTION  LAWS  OF  NORTH  DAKOTA  309 

the  request  of  the  chairman  of  the  county  or  state  committee  of  the 
political  party  which  said  caucus  represented.  Any  person  who  shall 
participate  directly  or  indirectly  in  the  election  at  caucus  of  more  than 
one  delegate  or  set  of  delegates  for  the  nomination  of  each  oflBce  to  be 
filled  shall  be  giiilty  of  a  misdemeanor  and  upon  conviction  thereof  shall 
be  fined  in  a  sum  not  less  than  fifty  nor  more  than  two  hundred  dollars. 
(R.  C.  1905,  §  8628;  1885,  ch.  28,  §  31;  1899,  ch.  28,  §  7,  8;  R.  C.  1899, 
§  6898.) 

§  9294.     POLITICAL  CONVENTION,  WHO  MAY  USE  PROXY  AT. 

Every  person  who,  at  a  political  convention  or  a  convention  of  a  i)olitical 
character,  called,  convened  or  held  within  this  state,  uses  or  attempts  to 
use  the  proxy  of  a  delegate  sent  or  elected  thereto  from  a  political  sub- 
division designated  or  recognized  as  the  unit  of  representation  therein,  un- 
less he  is  an  actual  resident  of  such  political  subdivison,  is  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof,  is  punishable  by  a  fine  of  not  less 
than  twenty  and  not  exceeding  one  hundred  dollars,  or  by  imprisonment 
in  the  county  jail  not  less  than  ten  days  and  not  exceeding  one  year,  or 
both,  at  the  discretion  of  the  court.  (R.  C.  1905,  §  8629;  1890,  ch.  112,  §  1 ; 
R.  C.  1895,  §  6899.) 

§  9295.  CONTRIBUTIONS  FOR  POLITICAL  PURPOSES  PRO- 
HIBITED. PENALTY.  No  corporation  doing  business  in  this  strte  shall, 
directly  or  indirectly,  pay  or  use,  or  offer,  consent  or  agree  to  pay  or  use 
any  money,  property  or  anything  of  value  for  or  in  aid  of  any  i)olitical 
party,  committee  or  organization  or  for  or  in  aid  of  any  cor- 
poration or  association  organized  or  maintained  for  political  puriK)ses.  or 
for  or  in  aid  of  any  candidate  for  i)olitical  office,  or  for  the  nomination  for 
such  oflice,  or  for  any  political  purpose  whatsoever,  or  for  the  reimburse- 
ment or  indemnification  of  any  person  for  money  or  property  so  used  or 
for  the  purpose  of  influencing  legislation  of  any  kind.  Any  oflScer,  director, 
stockholder,  attorney,  agent  or  representative  of  any  corporation  or  as- 
sociation which  violates  any  of  the  provisions  of  this  chapter,  who  par- 
ticipates in,  aids,  abets  or  advises  or  c-onsents  to  any  such  violation,  and 
any  person  who  solicits  or  knowingly  receives  any  money  or  property  in 
violation  of  this  chapter,  shall  upon  conviction  thereof  be  punished  by- 
imprisonment  in  the  state  penitentiary  for  not  more  than  one  year,  or  a 
fine  of  not  less  than  two  hundred  dollars  nor  more  than  five  thousand 
dollars  or  both  such  fine  and  imprisonment,  and  any  officer  aiding  or  al>et- 
ting  in  any  contribution  made  in  violation  of  this  chapter  shall  be  liable 
to  the  company  or  association  for  the  amount  so  contribute<l.  (1907, 
ch.  58,  §  1. 

§  9296.  NO  PERSON  EXCUSED  FROM  TESTIFYING.  No  person 
shall  be  excused  from  attending  and  testifying  or  producing  any  book.s, 
papers  or  other  documents  before  any  court  or  magistrate,  upon  any  in- 
vestigation, proceeding  or  trial  for  a  violation  of  any  of  the  provisions 
of  this  chapter,  upon  the  ground  or  for  the  reason  that  the  testimony  or 


310  STATE  OF  NORTH  DAKOTA  | 

■ — — i 

evidence,  documentary  or  otherwise,  required  of  him  may  tend  to  in-j 
criminate  or  degrade  him ;  but  no  person  shall  be  prosecuted  or  subject 
to  any  penalty  or  forfeiture  for  or  on  account  of  any  transaction,  matteri 
or  thing  concerning  which  he  may  so  testify  or  produce  evidence,  docu-j 
mentary  or  otherwise,  and  no  testimony  so  given  or  produced  shall  bei 
used  against  him  upon  any  criminal  investigation  or  proceeding..  (1907^ 
ch.  58,  §  2.)  i 

§  9297.  CORPORATION  RESPONSIBLE  FOR  ACTS  OF  OFFICEIt 
OR  AGENT.  The  violation  of  this  act  by  any  oflBcer,  employe,  agent,  at-, 
torney  or  other  representative  of  a  corporation  shall  be  prima  facie  evi-^ 
dfence  of  said  violation  by  such  corporation.     (1907,  ch.  58,  §  3.)  ■ 

§  9298.  PUNISHMENT  FOR  ADVISING  VIOLATION  OF  CHApJ 
TER.  Any  person  or  persons  who  shall  aid,  abet  or  advise  a  violation  ot 
the  provisions  of  this  chapter  shall,  upon  conviction  thereof,  be  punishedj 
as  provided  for  in  section  9295.     (1907,  ch.  58,  §  4.) 

§  9299.  PROSECUTIONS,  WHERE  BROUGHT.  Violations  of  thisj 
chapter  may  be  prosecuted  in  the  county  where  such  payment  or  contri- 
bution is  made,  or  in  any  county  wherein  such  money  or  property  has; 
been  paid  or  distributed.     (1907,  eh.  58,  §  5.)  ; 

§  9300.  EXERCISING  OFFICE  WITHOUT  HAVING  QUALIFIED.; 
Every  person  who  executes  any  of  the  functions  of  a  public  office  without] 
having  taken  and  duly  filed  the  required  oath  of  office,  or  without  having.; 
executed  and  duly  filed  the  required  security,  is  guilty  of  a  misdemeanor;' 
and  in  addition  to  the  punishment  prescribed  therefor,  he  forfeits  hisj 
rights  to  the  office.  (R.  C.  1905,  §  8630;  Pen.  C.  1877.  §  96 :  R.  C.  1899,: 
§  6900.)  ' 

§  9302.  USURPING  OR  FALSELY  ASSUMING  OFFICE.  Every- 
person  who  shall  falsely  assume  or  pretend  to  be  any  state,  county  orj 
township  officer,  or  who  shall  knowingly  take  upon  himself  to  act  as  such,; 
or  to  require  any  person  to  act  as  such,  or  assist  him  in  any  matter  per-i 
taining  to  such  office,  shall  be  punished  by  imprisonment  in  the  county] 
jail,  not  more  than  two  years  nor  less  than  three  months,  and  by  fine  notj 
exceeding  five  hundred  nor  less  than  fifty  dollars.  (R.  C.  1905,  §  8632;] 
Pen.  C.  1877,  §  98;  R.  C.  1899,  §  6902.)  I 

Sheriff  whose  residence  is  segregated  from  one  county  by  formation  of  new  , 

county  is  guilty  of  misdemeanor  if  he  falsely  assumes   to  act  in  latter  county.  i 

Holtan  V.  Beck,  20  N.  D.  5,  125  N.  W.  1048.  ; 

§  9432.  PUBLIC  OFFICER.  DUTY  OMITTED.  PUNISHMENT. 
When  any  duty  is  or  shall  be  enjoined  by  law  upon  any  public  officer,  or 
upon  any  i>erson  holding  any  public  trust  or  employment,  every  willful j 
omission  to  perform  such  duty  when  no  special  provisions  shall  havej 
been  made  for  the  punishment  of  such  delinquency,  is  punishable  as  ai 
misdemeanor.     (R.  C.  1905,  §  8759;  Pen.  C.  1877,  §  216;  R.  C.  1899,  §  7028.) 

§  9439.  COUNTY  AUDITOR.  NEGLECT  TO  CANVASS  RETURNS.; 
Every   county   auditor   who  willfully   refuses  or   neglects   to   canvass   the^ 


ELECTION   LAWS   OF   NORTH   DAKOTA  311 

election  returns  of  his  county,  or  neglects  to  make  proper  abstracts  thereof 
and  forward  the  same  to  the  proper  oflScer,  as  is  or  may  hereafter  be  pro- 
vided by  law,  or  fails  to  issue  certificates  of  election  to  the  persons  law- 
fully entitled  thereto,  is  punishable  by  a  fine  not  exceeding  one  hundred 
dollars  for  each  refusal  or  neglect.  (R.  C.  1905,  §  8766;  Pen.  C.  1877, 
§  223;  R.  C.  1899,  §  7035.) 

§  10076.  MUTILATING  ELECTION  RETURNS.  Every  messenger 
appointed  by  authority  of  law  to  receive  and  carry  any  report,  certificate 
or  certified  copy  of  any  statement  relating  to  the  result  of  any  election, 
who  willfully  mutilates,  tears,  defaces,  obliterates  or  destroys  the  same, 
or  does  any  other  act  which  prevents  the  delivery  of  it  as  required  by 
law,  and  every  person  who  takes  away  from  such  messenger  any  such  re- 
port, certificate  or  certified  copy,  with  intent  to  prevent  its  delivery,  or 
who  willfully  does  any  injury  or  other  acts  such  as  is  above  specified,  is 
punishable  by  imprisonment  in  the  penitentiary  not  exceeding  five  years 
and  not  less  than  two  years.  (R.  C.  1905,  §  9341:  Pen.  C.  1877,  §  716; 
R.  C.  1899,  §  7582.) 

COUNTY  WORKHOUSES. 

§  11318.  COUNTY  WORKHOUSES,  HOW  PROVIDED.  The  board 
of  coimty  commissioners  of  any  county  shall,  whenever  they  deem  it 
advisable,  vote  upon  the  question  of  providing  a  workhouse  wherein 
persons  confined  to  the  county  jail  of  said  county  shall  be  compelled  to 
work  at  hard  labor,  and  said  board  of  county  commissioners  shall  pre- 
scribe the  kind  of  work  such  convicts  shall  be  employed  at  and  furnish 
the  necessary  tools  and  materials.  Such  vote  shall  be  in  all  respects 
conducted  by  the  said  board  of  county  commissioners  in  the  regular 
meeting  and  according  to  the  provisions  of  law.     (1907,  ch.  274,  §  1.), 

§  11319.  VOTE  ON  PROPOSITION.  Whenever  the  county  commis- 
sioners shall  have  voted  to  establish  such  workhouse,  then  at  the  next 
general  election,  but  at  no  other  time,  this  question  shall  be  submitted  to 
the  vote  of  the  people,  and  the  order  of  the  board  of  county  commissioners 
of  such  election  shall  be  made  at  least  sixty  days  before  such  election  is 
held,  and  notice  of  such  election  shall  be  given  in  the  same  manner  and 
for  the  same  length  of  time  as  notices  of  all  general  elections.  (1907, 
ch.  274,   §  2.) 

§  11320.  BALLOTS,  FORM  OF.  The  ballots  to  be  issued  at  such 
elections  shall  be  in  the  following  form :  For  the  establishment  of  work- 
house." and  "against  establishment  of  workhouse."  In  voting  on  the 
question  each  voter  must  place  at  the  right  of  the  proposition  he  favors, 
the  mark  "X."  If  a  majority  of  the  ballots  cast  at  such  election  is  for 
the  establishment  of  such  a  workhouse,  then  it  shall  be  the  duty  of  the 
county  commissioners  to  provide  for  a  workhouse  for  such  county. 
(1907,  ch.  274,  §  3.) 


312                                                 STATE  OF  NORTH  DAKOTA  i 

Opinions  of  the  Attorney  General  ; 

1.  ^ 

LEGISLATORS    HOLDING    OTHER    OFFICE.  \ 

November  21,  1912.  ; 

Mr.  E.  C.  Waydeman,  Anamoose,  N.  D.  \ 

.1 

Dear  Sir :  j 

We  have  yours  regarding  the  election  to  the  state  senate  of  one  who  is  i 

now  county  commissioner  of  McHenry  county.     You  ask  if  both  of  these  ■ 
oflSces  can  be  held  at  the  same  time. 

In  the  absence  of  any  constitutional  or  statutory  provision   relative  , 

thereto  I  would  say  that  these  two  offices  could  be  held  contemporaneous-  , 

ly.     I  call  your  attention,  however,  to  section  37  of  the  constitution  which  i 
prohibits   a   person   holding   any   office   of   profit   under    this    state   from 

holding  office  in  either  branch   of  the   legislative  assembly   or   from   be-  i 
coming    a    member    thereof.    The    county    commissionership    is    a    consti- 
tutional office  and  is  an  office  of  profit.    Daley  vs.  State,  8  Blackford  ( Ind. ) 

329.     And  in  my  opinion,  one  expecting  to  qualify  as  a  member  of  the  \ 

legislature  should  vacate  his  office  as  county  commissioner.  j 

Very  truly  yours,  j 

,             C.  L.  YOUNG,  i 

Asst.  Attorney  General.  ; 


June  14,  1013. 
Mr.  L.  C.  Albrecht,  Anamoose,  N.  D. 

Dear  Sir : 

I  am  in  receipt  of  your  letter  under  date  of  June  5th  in  wliioh  you 
say  that  you  were  elected  state  senator  for  the  fifth  legislative  district 
at  the  general  election  in  November.  1912.  That  at  the  time  of  your 
election  you  were  also  a  school  director  of  the  Anamoose  school  district, 
and  that  you  are  at  the  present  time  holding  both  offices.  You  desire  my 
opinion  as  to  whether  or  not  under  the  constitution  and  laws  of  this  state 
you  may  hold  both  of  the  above  named  offices. 

Section  37  of  the  constitution  of  this  state  provides  that  no  judge  or 
clerk  of  any  court,  secretary  of  state,  attorney  general,  register  of  deeds, 
sheriff,  or  person  holding  any  office  of  profit  under  this  state,  except 
in  the  militia,  or  the  office  of  attorney  at  law,  notary  public  or  justice  of 

the  peace shall  hold  any  office   in   either  branch 

of  the  legislative  assembly  or  become  a  member  thereof.  It  is  clear  that  a 
judge  or  clerk  of  any  court,  secretary  of  state,  attorney  general  or  register 


•  OPINIONS  OF  THE  ATTORNEY  GENERAL  31^ 

of  deeds,  or  sheriff,  is  prohibited  from  being  a  member  of  the  legislative 
assembly.  These  oflScers  are  expressly  prohibited  in  said  section  of  the 
constitution  by  name.  Then  follows  the  further  prohibition,  "or  i)erson 
holding  any  oflBce  of  profit  under  this  state  except  in  the  militia,  or  the  office 
of  attorney  at  law,  notary  public,  or  justice  of  the  peace."  It  is  therefore  clear 
that  the  oflSce  of  attorney  at  law,  notary  public  or  justice  of 
the  peace,  is  not  prohibited  from  holding  the  office  of  a  mem* 
ber  of  the  legislative  assembly.  But  all  other  persons  except  those 
last  named  who  hold  any  office  of  profit  under  this  state  are  within  the 
prohibition  of  this  section  of  the  constitution.  The  question  you  submit 
is  therefore  narrowed  down  to  whether  or  not  the  office  of  school  director 
for  Anamoose  school  district  is  an  office  of  profit  under  the  laws  of  thi& 
state.  If  it  is  not,  then  you  may  lawfully  hold  the  same  and  also  be  a 
member  of  the  legislative  assembly.     If  it  is,  then  you  may  not. 

The  question  of  what  constitutes  an  office  of  profit  under  the  laws  of 
the  state  has  frequently  been  before  the  courts  of  last  -resort,  and  it  has 
been  held  more  than  once  that  the  amount  of  the  salary  or  fees  received 
by  the  officer  is  not  important  because  when  the  legislature  has  fixed  the 
salary  the  law  presumes  that  although  it  may  be  very  small  it  is  adequate 
for  the  services  rendered,  and  that  the  controlling  question  is  whethei: 
under  the  general  laws  of  this  state  such  officer  is  required  to  perform, 
duties  imposed  upon  him  by  the  general  laws  of  the  state,  and  that  some 
compensation  is  fixed  for  his  services. 

The  office  of  school  director  in  this  state  is  created  by  general  laws. 
See  Chapter  266,  Laws  of  1011.  And  the  duties  of  school  directors  are 
many ;  among  which  are  to  have  general  charge,  direction  and  man- 
agement of  the  schools  of  the  district,  the  care,  custody  and  control  of  all 
the  property  belonging  to  it.  To  organize  and  maintain  and  locate 
schools  within  the  district.  Change  and  continue  the  same.  To  provide 
fuel  and  school  supplies.  To  employ  and  remove  teachers.  To  admit 
pupils  from  other  districts.  To  provide  branches  of  study.  To  levy  taxes 
for  school  purposes,  and  for  such  services  the  law  provides  a  stated  com- 
pensation, which  is  small,  it  is  true,  but  nevertheless  the  amount  having 
been  fixed  by  the  legislature  it  will  be  presumed  to  be  adequate. 

The  very  question  you  submit  was  before  the  supreme  court  of  the 
state  of  Indiana  in  Chambers  vs.  State  ex  rel.  Barnard,  26  N.  W.  Re- 
porter, pjge  893.     In  this  case  the  court  uses  the  following  language: 

"It  then  remains  to  be  determined  whether  the  office  of  school  trustee 
of  an  incorporated  town  is  charged  with  any  duties  under  the  laws  of  this 
state    such    as    make    the    office    a    lucrative    one    within    the    meaning    of    the 

constitution Our     school     system     is     one     uniform     system 

throughout  the  state  and  the  duty  to  provide  for  a  general  system  of  common 
schools  wherein  tuition  shall  be  without  chargt.  and  equally  open  to  all  is 
especially    enjoined   upon    the    legislative    department    of    the   state    by   the   con-  i' 

stitution.  The  legislative  department  could  not  discharge  this  duty  without  all 
school   officers   were    subject    and   amenable    to   the   general    school    laws  of   the 

state,  and  every  school  officer  owes  his  authority  to  the  statute A^^ 

we  think    the  office   is   undoubtedly   a  lucrative   one  and   that    this   is   as   much  ' 


L 


il4  STATE  OF  NORTH   DAKOTA 


an    office    within    the    meaning    of    section    9,    article    2    of    the    constitution,    as  i 

any    statutory    office    that    may    be    created    by    statute    within    any    township,  j 

town  or   city."  j 

I 

111  the  above  case  the  sole  question  before  the  court  was  whether  or  ; 
not  the  oflBce  of  school  trustees  was.  a  lucrative  office.  Now,  our  consti-  ; 
tution  uses  the  language  "office  of  profit"  instead  of  "lucrative  office,"  but  i 
the  two  are  synonymous  and  mean  the  same.  ,  I 

On  the  authority  of  this  case  and  others  which  I  will  not  take  the  i 
time  to  cite,  it  is  my  opinion  that  the  office  of  school  direcor  for  Anamoose  j 
township  is  an  office  of  profit  within  the  meaning  of  section  3T  of  the  i 
constitution,  and  therefore  you  may  not  hold  this  office  and  also  at  the  | 
same  time  the  office  of  state  senator  for  the  State  of  Norh  Dakota. 

Yours  truly,  i 

ANDREW  MILLER, 

Attorney   General.  j 


3.  \ 

Dec.  21,  1915.  i 

Mr.  W.  C.  Gilbreath,  Bismarck,  N.  D.  1 

Dear  Sir:  ! 

In  your  letter  of  the  17th,  you  ask  the  opinion  of  this  office  as  to  | 
whether  or  not  a  member  of  the  Senate,  who  was  elected  in  1912  and  who  ; 
qualified  as  such  in  January,  1913,  is  qualified  to  receive  an  appointment 
from  the  Governor  of  this  state  as  a   member  of  the  Board  of  Control 
under  the  provisions  of  Section  39  of  the  constitution  of  this  state. 

I  have  carefully  examined  the  language  used  iji  Section  39  of  the  ! 
constitution  as  well  as  the  debates  of  the  Constitutional  Convention  of  i 
this  state  as  recorded  on  page  55  of  the  Debates  of  the  Constitutional  j 
ConventioK  and  I  have  also  examined  some  of  the  authorities  construing  ' 
similar  provisions  of  the  constitutions  of  other  states.  i 

Section  39  of  the  Constitution  of  North  Dakota  provides  :         :  ; 

"No  member  of  the  legislative  assembly  shall,  during  the  term  for  which  he  was  1 

elected,    be    appointed   or    elected   to    any    civil    office    in    the    state    which    shall  ; 

have  been  created  or  the  emoluments  of  which  shall  have  been  increasd,  dur- 
ing the  term  for  which  he  was  elected;  nor  shall  any  member  receive  any 
civil  appointment  from  the  Governor  or  the  Governor  and  Senate,  during  the 
term  for  which  he  shall  have  been  elected."  I 

In   construing   a   similar  provision   of  the   constitution,    the   Supreme  i 

Court  of  Minnesota,   in   the  case  of  Barnum   vs.   Gilman,   27   Minn.   466,  i 

reasons  that  when  the  constitution  is  clearly  contravened,  it  is  the  im-  j 

perative  duty  to  so  hold  and  while  there  may  have  been  others  holding  | 

offices  under  similar  circumstance,  one  or  more  violations  of  a  constitu-  i 

tional  provision  would  furnish  no  justification  for  any  further  violation  of  j 
that  instrument. 

It  seems  to  me  that  the  language  used  in  Section  39  of  the  constitution  ] 

is  susceptible  of  but  one  construction.     The  constitution  is  the  fundamental  ' 

law   of   the  state   and   under   the  familiar   rule   of  construction,    its   pro-  : 


OPINIONS  OF  THE  ATTORNEY  GENERAL  31S 

visions^  should  be  given  full  force  and  effect  and  the  rule  that  nothing 
should  be  added  and  nothing  taken  away  from  its  meaning  arises  to  a 
very  high  degree  of  significance  when  dealing  with  constitutional  ques- 
tions. 

I  am,  therefore,  of  the  opinion  that  the  appointment  of  the  member 
of  the  legislature  you  mention  is  entirely  void  and  in  contravention  of 
Section  39  of  the  constitution  of  this  state. 

Yours  very  truly, 
HENRY  J.  LINDE, 

Attorney  (General. 


4. 

TERM  OF  COUNTY  TREASURER  AND  SHERIFF. 

March  24,  1910. 
George  H.  Stone,  State's  Attorney,  Mott,  N.  D. 
Dear  Sir: 

I  have  your  favor  under  date  of  March  19th,  in  which  you  advise 
that  the  present  sheriff  of  Hettinger  County  was  appointed  by  Governor 
Burke  on  April  17th,  1907;  that  he  served  that  term  and  was  elected  in 
the  fall  of  1908  for  another  term  which  expires  January  next;  that  the 
county  treasurer  was  appointed  by  the  board  of  county  commissioners  on 
January  1st,  1908,  to  fill  a  vacancy;  that  he  served  the  balance  of  that 
term,  and  was,  in  the  fall  of  1908,  elected  to  succeed  himself  and  is  now 
serving  said  term  which  will  expire  January  1st;  and  asking  whether  or 
not  in  my  opinion  said  oflficers  are  eligible  for  re-election  to  succeed 
themselves,  at  the  coming  primary.  The  term  for  which  a  county  oflBcer  is 
elected  is  two  years.  In  my  judgment  a  person  in  order  to  be  eligible  for 
an  oflBce,  must  be  at  the  time  of  his  election,  eligible  under  the  law  to 
serve  the  term  for  which  he  is  elected.  Section  173  of  the  constitution 
provides  that  a  county  sheriff  or  treasurer  may  not  hold  the  oflSce  for 
more  than  four  successive  years.  Section  2385  of  the  Revised  Code  of 
1905  limits  the  eligibility  of  such  oflScers  for  said  offices  to  two  successive 
terms.  This  section  does  not  specifically  declare  an  appointment  to  fill 
a  vacancy  to  be  a  term  within  the  meaning  of  that  statute,  but  in  my 
judgment  it  must  be  so  construed,  because  there  is  no  provision  made 
for  an  election  for  a  portion  of  a  term.  Under  the  law,  when  elected,  an 
officer  holds  his  office  for  two  years  and  until  his  successor  is  elected 
and  qualified.  This  the  officers  you  mention  could  not  do  under  the  jhto- 
vision  of  section  173  of  the  constitution. 

Yours  very  truly, 
ANDREW  MILLER, 

Attorney  General. 


316  STATE  OF  NORTH  DAKOTA 

5. 
.  November  21.  1912. 

Mr.  Fordyce  C.  Bastwold,  Attorney  at  Law,  Steele,  N.  D. 

Dear  Sir: 

We  have  yours  calling  attention  to  chapter  197,  Session  Laws  of  1911^ 
providing  that  the  county  treasurer  shall  take  office  on  or  about  the  first 
Monday  of  May  next  succeeding  his  election  or  within  ten  days  there- 
after, and  on  said  first  Monday  of  May,  or  within  ten  days  thereafter,  enter 
upon  the  discharge  of  the  duties  of  his  office,  and  asking  if  the  present 
incumbent  holds  his  office  until  his  successor  qualifies,  or  if  a  vacancy 
will  exist  between  the  first  Monday  in  January,  and  the  first  Monday  in 
May,  which  must  be  filled  by  the  county  commissioners. 

This  question  must  be  answered  in  the  light  of  section  173  of  our 
constitution,  providing  that  the  treasurer  of  any  county  shall  not  hold 
office  for  more  than  four  years  in  succession.  As  the  Constitution  does  not 
prescribe  the  beginning  or  the  end  of  the  term  of  office  of  county  officers, 
but  merely  the  duration  thereof,  I  think  it  is  beyond  question  that  the 
legislature  may  determine  the  date  of  beginning  of  such  terms.  Having 
this  power,  it,  of  course,  may  make  any  changes  in  the  date  of  the  begin- 
ning of  a  term  of  office  that  may  seem  promotive  of  the  public  good.  It 
was  therefore  acting  within  the  scope  of  its  power  when  the  beginning  of 
the  terni  of  officte  of  county  treasurer  was  changed  to  the  first  Monday  of 
May  instead  of  the  first  Monday  of  January,  and  under  the  statute  above 
mentioned  it  is  clear  that  the  county  treasurer  elected  at  the  recent 
election  cannot  assume  the  duties  of  his  office  until  the  first  Monday  in 
May,  1913  ,or  within  ten  days  thereafter. 

"Uliether  the  present  incumbent  of  the  county  treasurer's  office  shnll 
hold  office  until  that  time  will  depend  in  the  first  instance  upon  the  length 
of  the  period  which  he  has  served.  If  the  present  incumbent  is  now 
serving  his  first  term.  I  l)elieve  thnt  he  will  under  section  173  of  tho  Ton- 
stitution,  be  entitled  to  hold  the  office  until  such  time  as  his  elected 
successor  shall  qualify. 

If,  however,  the  present  incumbent  is  now  holding  his  second  two 
year  term,  the  question  arises  whether,  even  under  the  constitutional  pro- 
vision authorizing  an  incumbent  in  the  treasurer's  office  to  hold  office  until 
his  successor  is  elected  and  qualified,  he  may  hold  over  until  the  qualifi- 
cation of  his  successor,  in  view  of  the  provision  restricting  the  tenure 
of  office  to  four  years  in  succession.  This  question  was  considered  by 
the  siipr^m^  court'  of  Indiana  in  bosmafn  vs.  The  StMte,  106  tnd.  203.  in- 
volvivig  the  right  of  a  county  clerk  to  hold  over  after  serving  eiglit  con- 
secutive yerirs,  the  constitution  of  that  state  providing  that  sucli  officer 
should  be  ineligible  to  that  office  more  than  eight  ye-^rs  out  of  a  period 
of  twelve  years,  and  further,  that  an  officer  holding  his  office  for  a  given 
term  shall. hold  it  until  his  successor  shall  have  been  elected  and  quali- 
fied.    In  that  case  the  board  of  county  commissioners  had  assumed   that 


OPINIONS  OF  THE  ATTORNEY  GENERAL  317 

a  vacancy  had  occurred  by  reason  of  the  expiration  of  the  clerk's  second 
consecutive  term  which  marked  the  expiration  of  the  consecutiye  years 
in  that  office,  and  had  appointed  another  to  fill  the  vacancy.  The  court 
held  that  when  the  clerk  had  served  for  eight  consecutive  years,  the  con- 
stitutional disability  attached  to  him  and  he  was  disqualified  from  hold- 
ing office  longer,  and  as  there  was  no  person  qualified  to  hold  the  term 
for  which  he  has  been  elected,  the  office  became  vacant.  As  to  this  phase 
of  the  question  it  is  said 

"The  conclusion  is,  that  when  the  period  of  ineligibility  was  reached  by  the 
appellant,  there  was,  as  between  him  and  the  appointing  power,  an  absolute 
determination  of  his  right  to  the  office.  Although  from  public  necessity  and 
to  prevent  mischief,  he  might  have  remained,  as  to  strangers,  an  ofEcer  de 
facto,   the  office  as  to   the  officer  himself,  was  void," 

Harbaugh  vs.  Winsor,  38  Mo.  327;  Shelby  vs.  Alcorn,  36  Miss.  273;  72  Am. 
Dec.  169,  and  note. 

This  rule  is  adopted  and  approved  by  Mechem  on  Public  Officers,  Sec- 
tion  398. 

I  am  therefore  of  the  opinion  that  as  between  the  office  and  the 
treasurer  himself,  the  office  of  county  treasurer  will  become  vacant  at  the 
expiration  of  a  four  year  term,  but  that  in  view  of  the  other  constitu- 
tional provision  that  an  officer  shall  hold  until  his  successor  is  qualified, 
he  may,  even  though  he  has  served  four  full  years,  continue  to  hold  office 
until  his  successor  does  qualify,  under  chapter  197,  Laws  of  1911,  ot 
until  a  vacancy  is  declared  to  exist  by  the  board  of  county  commis- 
sioners, and  a  duly  qualified  successor  is  ready  to  assume  the  duties  of 
the  office.  In  this  behalf  I  call  your  attention  to  State  vs.  Compson,  34 
Oregon  25,  where  the  court  considering  a  question  involving  two  consti- 
tutional provisions  similar  to  those  provisions  of  our  constitution  which 
are  here  discussing,  says: 

"The  law  seems  to  be  settled  that  where  the  duration  of  an  official  term 
is  limited  by  the  constitution,  the  office  becomes  vacant  at  the  expiration  of 
that  term,  even  though  the  legislature  has  provided  that  the  incumbent  shall 
hold  until  his  successor  is  duly  qualified:  19  Am.  &  Eng.  Ency.  Law  (1  ed.) 
433;  State  v.  Howe,  25  Ohio  588  (18  Am.  Rep.  321);  State  ex  rel.  vs.  Bfewster, 
44  O.  589  (9  N.  E.  849).  But  when  the  constitution  in  one  clause  inhibits  the 
legislature  from  creating  an  office  the  tenure  of  which  shall  be  longer  than 
a  specified  number  of  years  and  in  another  provides  that  such  officer  shall 
hold  until  his  successor  is  qualified,  the  two  provisions  are  to  be  read  and  inter- 
preted together,  and  the  result  is  that  the  legrislature  is  inhibited  from  creat- 
ing an  office  the  tenure  of  which  shall  be  for  a  longer  period  than  the  time 
specified  in  the  constitution;  but  if,  at  the  expiration  of  that  period,  no  suc- 
cessor has  been  elected  and  qualified,  the  incumbent  holds  over  by  the  para- 
mount right  of  tenure  which  the  constitution  supplies,  until  he  is  super- 
seded by  a  qualified  successor,  appointed  or  elected  under  some  provision  of 
law,  and  a  failure  of  the  particular  authority  to  elect  his  successor  does  not 
create  a  vacancy  in  the  office;  State  ex  rel.  v.  Harrison,  113  Ind.  434  (3  Am. 
St.  Rep.  663;  16  N.  E.  384.)" 

If  then,  the  county  commissioners  of  any  county  desire  to  declare  the 
office  of  treasurer  vacant  upon  the  expiration  of  four  years  of  service 


318  STATE  OF  NORTH  DAKOTA 

therein  by  the  present  incumbent,  I  believe  that  the  board  may  do  so 
and  fill  the  office  by  appointment  until  the  first  Monday  in  May  of  the 
next  year,  but  that  if  the  oflSce  is  not  declared  vacant,  the  county  treas- 
urer will  continue  to  hold  it,  and  will,  as  to  the  public,  be  a  de  facto 
oflScer  until  his  successor  is  duly  qualified. 
Very  truly  yours, 

ANDREW  MILLER, 

Attorney  General. 


6. 

December  12,  1914. 
Mr.  H.  C.  DePuy,  State's  Attorney,  Grafton,  N.  D. 
Dear  Sir: 

We  are  in  receipt  of  your  favor  of  December  10th  in  regard  to  the 
Question  as  to  whether  a  vacancy  will  exist  in  the  ofl3ce  of  county  treas- 
urer after  January  6th  in  cases  where  the  present  incumbent  has  served 
four  years. 

We  know  of  no  action  being  started  to  test  this  question.  After  very 
mature  deliberation  this  office  has  decided  that  the  four  years  limitation  is 
absolute,  and  that  a  vacancy  exists  after  January  6th  under  the  con- 
ditions specified  in  your  letter. 

Yours  very  truly, 

W.  P.  COSTELLO, 
Asst.  Attorney  General. 


7. 


January  5,   1915. 


Mr.  Joseph  Morrison,  Drayton,  N.  D. 

Dear  Sir:  ] 

I  beg  to  acknowledge  receipt  of  your  letter  of  the  2nd  in  which  you  j 

inquire :  ; 

1.  Whether  or  not  a  county  treasurer  elected  in  1910  and  reelected  j 
in  1912  is  prohibited  from  holding  the  office  subsequent  to  January,  1915,  , 
by  reason  of  the  constitutional  provision  limiting  the  term  of  the  county  ! 
treasurer  to  four  years  in  succession.  ' 

2.  Whether  or  not  if  the  treasurer  can  legally  hold  over,  he  is  re-  j 
quired  to  furnish  an  additional  bond  for  the  period  during  which  he  may  ' 
hold  over  as  such  officer.  j 

This  office  has  heretofore  held  that  the  constitutional  limitation  is  ■ 
applicable  to  a   case  like  yours,   and  it  is  my   opinion   that  the  county 

treasurer  cannot  hold  the  office  for  more  than  four  years  in  succession,  ' 

but  that  it  would  not  be  illegal  for  him  to  hold  the  office  until  the  first  ; 

Monday  in  May,  if  the  office  is  not  declared  vacant.     If  the  county  com-  - 

missioners  of  your  county  desire  to  declare  the  office  of  treasurer  vacant  ] 

upon   the   expiration    of   four   years   of   service    therein,    by    the   present  i 

treasurer,  it  is  my  opinion  that  the  board  may  do  so  and  fill  the  office  by  \ 

appointment  until  the  first.  Monday  in  May  of  this  year,  but  if  the  office  ) 


OPINIONS  OF  THE  ATTORNEY  GENERAL  319 

is  not  SO  declaretl  vacant  by  the  board  of  comity  commissioners,  the  county 
treasurer  will  and  can  continue  to  hold  the  oflBce  as  a  de  facto  oflBcer 
until  his  successor  has  duly  qualified,  as  provided  by  law. 

In  respect  to  the  matter  of  additional  bond,  however,  it  is  my  opinion 
that  if  the  treasurer  hold  over,  as  above  indicated,  until  his  successor 
qualifies  in  the  month  of  May,  he  must  furnish  an  additional  bond  for 
that  period,  unless  the  bond  by  its  language  would  cover  the  period  up 
to  the  first  Monday  in  May.  If  your  treasurer  qualified  in  May,  1913, 
and  gave  the  usual  bond  at  that  time,  I  assume,  of  course,  that  the  bond 
would  not  expire  until  May,  1915 ;  in  which  case  no  additional  bond  would 
be  required. 

If  you  should  be  interested  in  any  authorities  affecting  this  question 
I  refer  you  to  State  v.  Compston,  34  Ore.  25 ;  19  Am.  &  Eng.  Enc.  of  Law, 
1st  ed.  433;  State  v.  Howe,  25  O.  St.  588;  State  ex  rel.  v.  Brewster,  44 
Ohio  St.  589 ;  State  ex  rel  vs.  Harrison,  3  Am.  SL  Rep.  663. 

Yours  very  truly, 

HENRY  J.  LINDE, 

Attorney   General. 


8. 

December  8,  1916. 
Mr.  Edward  Mauch,  McClusky,  N.  D. 
Dear  Sir: 

The  Attorney  General  has  requested  me  to  answer  your  recent  letter 
asking  for  a  construction  of  section  3259  of  the  1913  Compiled  Laws, 
with  special  reference  to  whether  or  not  you,  as  treasurer,  elect,  and 
before  the  commencement  of  your  term,  could  accept  an  appointment  to 
fill  a  vacancy  and  still  be  eligible  to  two  elective  terms. 

In  answer  to  your  question,  I  would  call  your  particular  attention 
to  section  173  of  the  Constitution  wherein  it  is  provided  that  the  sheriff 
and  treasurer  of  any  county  shall  not  hold  their  respective  oflBces  for 
more  than  four  years  in  succession.  Accordingly,  if  you  would  accept  an 
appointment  to  fill  a  vacancy  at  this  time,  you  would  not  be  eligible  in  my 
opinion,   for   re-election. 

Yours  truly, 

H.  R.  BITZING, 
Assistant  Attorney  General. 


9. 

May  14,  1918. 
Hon.  W.  J.  Johnson,  Sheriff,  Slope  County,  Amidon,  N.  Dak. 
Dear  Mr.  Johnson : 

I  am  in  receipt  of  your  favor  of  May  8th  and  in  reply  to  the  same 
I  beg  to  advise  as  follows : 

I  have  heretofore  rendered  an  opinion  that  Section  3259  of  the  Com- 
piled Laws  of  1913  does  not  apply  where  a  sheriff  was  appointed  for 


320  STATE  OF  NORTH  DAKOTA 


one  term  and  was  elected  for  another,  so  as  to  prelude  him  from  running  ; 
for  election  for  another  successive  term.  There  is  a  constitutional  pro-  i 
vision,  Section  173,  which  provides  that, 

"The   Sheriff  and   Treasurer   of  any   County   shall   not   hold  j 

their  respective  oflBces  for  more  than  four  years  in  succession."         j 

Mr.  Bronson  did  render  an  opinion  holding  that  this  constitutional  i 
provision  applies  to  the  sheriff  or  county  treasurer,  whether  elected  or  ' 
appointed,  and  his  opinion  was  given  without  referring  to  my  former  : 
opinion,  he  not  knowing  that  I  had  theretofore  given  such  an  opinion.        , 

With  reference  to  Section  173  of  the  Constitution,  I  have  construed  j 
the  same  as  referring  only  to  elections  and  not  to  terms  where  an  ap-  j 
pointment  has  been  made.  Mr.  Bronson  is  of  the  opinion  that  it  applies  j 
to  every  term,  whether  elected  or  appointed.  In  view  of  the  circum-  I 
stances,  and  in  my  opinion,  I  hold,  under  my  construction  of  Section  J 
S259,  C.  L.  1913  and  Section  173  of  our  Constitution,  that  the  sheriffs 
and  county  treasurer  are  eligible  for  election  at  two  successive  terms,  j 
even  though  they  may  have  theretofore  filled  by  appointment  a  term  of  j 
office  as  such  sheriff  or  treasurer. 

There  may  be  some  question  about  this,  as  our  Supreme  Court  does  j 
not  seem   to  have  passed  upon   the   express   point ;   nevertheless,   this  is 
my  opinion.  • 

Very  truly  yours, 

WILLIAM  LANGBR,  \ 

Attorney  General. 


i 

ADOPTION  OF  NEW  CONSTITUTION.  ! 

i 
Gov.  Lynn  J.  Frazier,  State  Capitol,  Bismarck,  North  Dakota. 

Honorable  Sir: 

I  have  your  request,  under  date  of  January  13,  1917,  for  an  opinion  ■ 
as  to  the  legality  of  House  Bill  No.  44.  This  is  a  Concurrent  Resolution,  J 
embodying  a  new  or  revised  Constitution  and  composed  of  over  two  hundred  ] 
different  sections,  besides  a  ''Schedule''  which  provides,  among  other  J 
things,  that  the  proposed  Constitution  shall  be  submitted  to  the  people  1 
for  adoption  or  rejection  at  a  special  election  to  be  held  on  the  last  ' 
Wednesday  in  June,  1917.  ; 

In  giving  this  opinion  I  shall  confine  myself  to  the  single  question  of  j 
the  legality  of  the  method  or  procedure  by  which  this  revision  is  sought  ^ 
to  be  brought  about,  and  shall   make  no  comment  upon   the  wisdom  or   ' 
expediency  of  such  method  or  upon  the  substance  of  particular  sections 
contained  in  such  resolution. 

At  first  glance  and  in  the  light  of  methods  or  reasoning  applicable  i 
to  ordinary  statutory  and  constitutional  questions,  it  might  seem  that  ^ 
the  proposed  method  of  revision  is  iUegal,  but  when  viewed  in  its  true  light —  * 
that  of  the  fundamental  principles  of  our  government  and  of  the  people's  j 


OPINIONS  OF  THE  ATTORNEY  GENERAL  321 

sovereignty — in  my  opinion,  formed  after  carefully  briefing  the  strongest 
objections  to  it.  the  proposed  method  of  revision  is  clearly  constitutional 
and  the  arguments  in  favor  of  its  legality  unanswerable. 

An  examination  of  our  State  and  Federal  Constitution  shows  that 
no  procedure  for  revision  or  for  the  adoption  of  a  new  State  Constitu- 
tion, as  an  organic,  is  provided  for. 

The  Constitution  of  North  Dakota,  Section  2,  however,  does  contain 
the  following  declaration : 

"All  political  power  is  inherent  in  the  people.  Government  is  instituted 
for  the  protection,  security  and  benefit  of  the  people;  and  they  have  the  right 
to  alter  or  reform   the  same  whenever  the  public  good  may   require." 

Moreover,  in  our  system  of  government,  constitutions  derive  their 
power  from  the  people,  not  the  people  from  constitutions.  The  rights  and 
powers  of  the  people  existed  before  a  constitution  was  formed.  In  other 
words,  before  the  establishment  of  a  constitution,  the  people  possessed 
sovereign  power. 

That  power  they  still  possess,  except  in  so  far  as  they  may  have 
delegated  it  to  State  or  National  Governments,  or  have  voluntarily  re- 
stricted themselves  in  its  exercise  under  their  constitutions.  In  determ- 
ining what  portion  of  the  sovereign  power  the  people  have  temjwrarily 
parted  with  under  their  constitutions,  the  rule  is  clear,  namely,  that  the 
people  have  delegated  no  sovereign  jwwer  unless  such  delegation  of  power 
is  set  forth  in  express  terms. 

In  the  United  States,  out  of  their  original  sovereign  power,  the 
people  have  carved,  first,  the  Federal  Constitution,  with  its  delegation  of 
power  to  the  National  Government,  and  second,  the  State  Constitutions, 
with  their  delegations  of  power  to  the  various  state  governments.  Neither 
National  nor  State  Governments  have  any  powers  except  such  as  are 
conferred  upon  them  directly,  nor  are  the  people  restricted  in  the  exercise 
of  their  sovereignty,  except  as  they  have  expressly  laid  down  restrictions  in 
the  Federal  and  State  Constitution. 

Many  of  our  states  have  adopted  express  methods  of  revising  their 
constitutions  through  constitutional  conventions.  However,  for  genera- 
tions, many  states  had  no  express  method  of  revision,  and  at  least  a  dozen 
states.  North  Dakota  being  among  them,  have  none  today. 

However,  in  view  of  the  admitted  theory  of  the  people's  sovereignty 
it  is  universally  agreed  that  the  people  of  a  state  do  have  the  inherent 
power  to  revise  their  constitutions,  that  is,  to  adopt  a  new  and  complete 
organic  law,  even  though  no  special  method  for  the  exercise  of  such 
power  is  prescribed  in  the  existing  constitution. 

The  power  of  revision  being  thus  conceded  on  all  sides,  the  question 
then  arises  as  to  how  states  without  any  express  method  of  revision  could 
in  the  past,  or  can  today,  proceed  to  revise  their  constitutions. 


322  STATE  OF  NORTH   DAKOTA  i 

, : ! 

i 

The  answer  fo  this  question  is  that  t\}e  people  of  such  states,  being  I 

without  practical  facilities  to  convene  as  a   body  and   initiate  new   con-  \ 

stitutions    themselves,    have    in    their    legislatures,      instruments    through  i 

which  the  initiative  may  be  taken  to  bring  before  the  people,  for  ratifi-  ; 

cation  or  rejection,  new  and  revised  constitutions.     This  practice  is   in-  j 

evitable,  and  is  founded  upon  the  broad  right  of  the  people  to  retain  their  I 

inherent  power  of  revision  unstifled  by  a  mere  lack  of  express  methods  '< 

of  procedure  for  revision.  : 

In  initiating  revision  and  in  setting  in  motion   machinery  by  which  j 

revision  are  placed  before  the  people  so  that  they  may  act  upon  them  in  i 

their  sovereign  capacity,  it  is  conceded  on  all  sides  that  legislatures  do  , 

not  act  in  a  strictly  legislative  capacity,  but  are  of  necessity  for  the  time  i 

being  mere  instruments  for  setting  in  motion  the  sovereign  power  of  the  ' 

Ijeople.  i 

This  right  of  the  legislature  is  conceded  by  every  authority  on  con-  \ 
stitutional  law,  upon  the  simple  ground  of  necessity.  The  sovereign  \ 
power  by  the  people  works  to  that  extent  through  the  legislature,  as  the  ; 
human  body  breathes  through  the  mouth  or  nostrils  for  the  reason  that  no  i 
other  method  of  breathing  is  provided  by  nature.  Thus  far  authorities 
are  in  harmony  and  there  is  no  ground  for  dispute. 


Bearing  these  facts  in  mind: 

1.  That  the  people,  in  the  absence  of  express  provisions  as  to  proce- 
dure in  their  constitutions,  nevertheless,  have  the  right  of  revision,  and  " 

2.  That  the  initial  step  to  start  the  sovereign  power  in  motion  must  i 
under  circumstances  be  taken  by  state  legislatures,  the  question  further  ' 
narrows  down  to  the  particular  method  which  a  state  legislature  must  ! 
pursue  in  initiating  a  revision.  ^ 

This,    in    my   opinion,    brings   us   to   the    crucial   point   of   the   entire  ! 

question.  j 

In  cases  where  constitutions  contain  no  express  provision  for  prooe-  1 

dure  and  no  express  restriction  on  procedure,  and  where  it  is  conceded  that  ■ 

the  people  have  the  power  to  revise  their  constitutions,  as  well  as  that  | 

the  legislature  must  initiate  such  revision  by  one  method  or  another.  IN  t 
MY  OPINION  ANT  METHOD  FOLLOWED  BY  THE  LEGISLATITRE  IN 

PLACING  BEFORE  THE  PEOPLE  A  NEW  CONSTTTT^TON  FOR  ADOP-  | 

TION  OR  REJECTION  IN  THEIR  SOVEREIGN  CAPACITY  IS  LEGAL,  i 

Any  other  conclusion  is  a  denial  of  the  sovereign  power  of  the  people  or  a  ; 

partial  restriction  of  that  power  utterly  unwarranted  by  our  Constitution,  ^nd  ; 

accepted    rules    of   constitutional   interpretation.      It    would   be    in    direct  i 

contravention    of   our   American    theory    that   popular    sovereignty    is    re-  i 

stricted  in  the  exercise  of  its  powers  only  by  express  written  prohibitions  j 

contained  in  constitutions,  as  set  forth  in  the  first  section  of  this  opinion,  i 


OPINIONS  OF  THE  ATTORNEY  GENERAL  323 

The  truth  is  that  the  argument  in  favor  of  revision  by  constitu- 
tional convention  as  opposed  to  revision  by  commission  or  legislative  action 
is  not  an  argument  of  legality,  but  solely  of  expediency.  The  i)ossible 
greater  expediency  or  wisdom  of  the  convention  method  has  been  mistaken 
by  its  advocates  for  exclusive  legality. 

Dodd,  in  his  authoritative  work,  the  Revision  and  Amendment  of 
State  Constitutions,  page  261,  has  stated  this  point  clearly  and  con- 
clusively : 

"Judge  Jameson  has  said  as  to  the  legislative  method  of  proposing  amend- 
ments: 'It  ought  to  be  confined,  it  is  believed,  to  changes  which  are  few,  simple, 
independent,  and  of  comparatively  small  importance.  For  a  general  revision 
of  a  Constitution,  or  even  for  single  propositions  involving  radical  changes  as 
to  the  policy  of  which  the  popular  mind  has  not  been  informed  by  prior  dis- 
cussion, the  employment  of  this  mode  is  impracticable,  or  of  doubtful  exped- 
iency.' Judge  Jameson's  point  is  purely  one  as  to  expedience,  and  it  is  legally 
proper,  it  would  seem,  in  the  absence  of  specific  constitutional  restrictions,  to 
propose  to  the  people  by  the  legislative  process  any  constitutional  alteration 
short   of  a   complete   revision,    or   even   complete   revision."        , 

The  real  merit  of  revision  by  convention  over  legislative  revision  ap- 
pears to  lie  in  the  fact  that  the  constitutional  convention,  elected  solely 
upon  the  issue  of  revision,  is  likely  to  be  more  carefully  selected,  to  con- 
tain a  greater  number  of  men  specially  fitted  for  the  task  and  to  approach 
its  task  with  greater  deliberation  and  more  concentrated  energy.  This 
may  all  be  true.  The  same  consideration  probably  will  hold  good  in  con- 
nection with  revision  by  a  commission  appointed  by  the  legislature,  and 
yet  all  these  considerations  merely  go  to  the  expediency  of  the  method, 
not  to  its  legality. 

WTien  once  we  concede  that  the  legislature  has  authority  to  set  in 
motion  this  great  sovereign  power  of  the  people  by  initiating  revision, 
then,  upon  the  mere  ground  of  reasoning  by  implication  and  without  written 
authority,  who  are  we  to  say  the  sovereignty  of  the  people  shall  from  thence 
on  be  exercised  only  in  one  certain  narrow  way?  We  may  say  that  it  is 
inadvisable,  that  it  is  unwise,  that  it  is  inexpedient,  for  it  to  be  exercised 
in  that  manner.  BUT  WE  ARE  UNABLE  IN  THE  LIGHT  OF  AMERICAN 
INSTITUTIONS.  TO  SAY  THAT  IT  CANNOT  BE  SO  EXERCISED. 

The  sovereign  power  of  revision  having  reached  the  threshold  of 
the  legislature  without  express  written  authority  and  solely  by  its  ir- 
resistible right  to  expression  what  mysterious  power  can  then,  without 
vestige  of  authority,  assume  the  right  to  bridle  it  and  lead  it  tamely  down 
the  narrow,  though  highly  respectable  avenue  of  revision  by  convention? 

Any  other  conclusion  as  to  the  rule  under  our  constitution  must 
wrongfully  seek  by  mere  implication  to  restrict  the  sovereign  power  of 
revision  to  the  narrow  channel  of  constitutional  conventions.  The  ground 
for    conceding    to    the    legislature    the    right    to    initiate    revision    is    the 


324  STATE  OF  NORTH  DAKOTA 

compelling   power    of    necessity,    no   other    method    being   provided.      No  \ 
such  necessity  exists  to  restrict  the  sovereign  power     as     to     any     par-  j 
ticular   method   of   revision    through    the    initiative    or     the    legislature,  i 
In  fact,  such  a  restriction  would  rest  upon  the  most  doubtful  reasoning 
(as    to   legally    distinguished    from    expediency).      Opposed    to    it    would  • 
he   the   inherent   right   of   the   people   to   secure   the   freest  possible  ex- 
pression  of  their  sovereign  power.     Under  these  circumstances,   and,  in  \ 
the  absence  of  any  written  restriction  to  the  contrary,  every  presumption 
of  legality   is   in   favor   of  whatever   method   the  legislature   may   adopt  \ 
and  such  method  will  prevail. 

It  is  urged,  that  since  our  Constitution  provides  a  method  of  amend-  ' 

ment.  by  exclusion  the  Legislature  is  prohibited  from  initiating  a  revision  , 

itself  by  drafting  a  new  Constitution.    This  argument  is  untenable  when  ; 

dealing  with  sovereignty  of  the  people  seeking  expression  through  revision.  ! 

It  is  an  instance  where  the  ordinary  doctrine  of  exclusion,  applicable  to  i 
contracts  is  not  binding.     Moreover,  if  such  an  argument  were  applicable 

to  legislative  revision  it  would  be  equally  applicable  to  revision  by  con-  \ 

vention,  and  on  that  subject  our  own   Supreme  Court,  in  68  N.  W.  421  J 

(N.  D.),  has  said:  | 

I 

"The   decided   weight   of  authority   and   the   more   numerous   precedents   are 
arrayed  on  the    side   of   the   doctrine   which   supports   the   existence   of   this   in- 
herent   legislative    power    to    call    a    constitutional    convention,    notwithstanding  - 
the  fact  that  the  instrument  itself  points  out  how  it  may  be  amended."  , 

A  revised  constitution,  in  the  sense  applicable  to  this  question,  is  j 
a  constitution,  altered  in  part  or  changed  completely,  but  in  form  a  com-  ' 
plete  document  and  to  be  submitted  as  a  whole  and  standing  or  falling  \ 
as  a  whole.  Amendments  relate  to  particular  sections,  and  are  sub- 
mitted as  such  to  be  voted  upon  separately.  It  is  the  submission  of  a  1 
document  as  an  organic  whole  which  distinguishes  a  revised  and  new  I 
constitution  from  mere  amendments.  | 

In  connection  with  this  I  will  also  say  that  the  case  of  Ellingham  ; 
vs.    Dye,   99   N.    E.   1,   apparently   opposed   to   the   legality   of   legislative  I 
revision,  is  clearly  not  applicable  to  the  situation  in  this  State,   owing  j 
to   an   unusual   and   perhaps,    entirely   unique   occurrence   in    the   history 
of   Indiana   when   the   provisions   for   revision   contained   in   the    Indiana 
constitution  up  to  1851  were  then  stricken  out  with  the  express  inten- 
tion   that    NEVER    AGAIN    WOULD    THE    INDIANA    CONSTITUTION  . 
BE  REVISED  BUT  ONLY   CHANGED   BY  AMENDMENT.  \ 

In    the   future   the   people   of   North    Dakota   may   decide    that    this 

method    of    legislative    revision    is    unwise,    inexi)edient,    or    overhasty.  i 
Speaking    through    their    sovereign    power    under    the    Constitution,    the 

people    may   prohibit   this    method    of   revision.      With    that   side   of    the  j 

question,   in   this   opinion,    I   have   no   concern  and   hence  made  no  com-  | 

ment  thereon.     I  merely  state  my  conclusion  as  to  the  bald  legal  right  \ 


OPINIONS  OF  THE  ATTORNEY  GENERAL  325 

to  revise  the  Constitution  by  this  method  under  our  institutions  as 
they  exist  today.  As  yet  the  people  of  North  Dakota  have  not  seen 
fit  to  prohibit  this  method  of  legislative  revision.  Hence,  I  am  of  the 
opinion  that  the  method  of  revision  proposed  in  House  Bill  No.  44  is 
legal. 

If  there  is  any  doubt  about  the  matter  it  is  resolved  in  favor  of 
the  legality  of  the  method  proposed,  by  a  principle  of  supreme  and  con- 
trolling force,  a  principle  which  has  been  set  out  by  Jameson,  the  great 
authority  upon  constitutional  questions. 

"But  in  practice,  where  doubt  arises,  and  there  is  nothing  to  indicate 
decisively  the  intention  of  those  who  framed  the  instrument,  perhaps  the 
people,  assuming  to  exercise  power  under  one  construction,  rather  than  an- 
other, should  be  given  the  benefit  of  the  doubt.  It  is  questionable  policy  to 
attempt,  by  abstract  rules  of  law  in  doubtful  cases,  to  prevent  or  to  control 
great  organic  movements  of  the  people." 

Jameson  Con.  Con.,  page  603. 

Respectfully, 

D.  V.  BRENNAN, 
Assistant  Attorney  General. 
Submitted  with  my  full  approval. 

WILLIAM  LANGER, 

Attorney  General 
11. 

REFERENDUM  PETITIONS. 

June  4,  1915. 
Hon.  Thos.  Hall.  Secretary  of  State,  Bismarck,  N.  D. 

Dear  Sir :  You  write  tlie  Attorney  General  asking  whether  or  not 
you,  as  Secretary  of  State,  can  accept  and  file  referendum  petitions  which 
are  deposited  in  the  mails  of  this  state  on  the  ninetieth  day  after  the  final 
adjournment  of  the  Legislature  or  which  Express  Companies  receipted  for 
on  such  ninetieth  day  for  delivery  to  your  ofiice. 

In  reply  thereto  I  would  refer  you  to  the  language  of  the  so-called 
Initiative  and  Referendum  amendment  to  our  Constitution,  which  reads  a& 
follows : 

'•Referendum  petitions  against  measures  passed  by  the  Legislative  As- 
sembly shall  be  filed  with  the  Secretary  of  State  not  more  than  ninety  days 
after  the  final  adjournment  of  the  Session  of  the  Legislative  Assembly 
which  passed  the  measure  on  which  referendum  is  demanded." 

It  is  my  opinion  that  the  above  language  specifically  requires  that  such: 
petitions  must  be  delivered  to  and  received  by  the  Secretary  of  State  on 
or  before  the  ninetieth  day  after  the  adjournment  of  the  Legislature.  You 
cannot  file  such  petitions  until  they  are  received  by  you  and  the  Consti- 
tution says  that  such  i)etitions  shall  be  "filed  with  the  Secretary  of  State 
not  more  than  ninety  days,  etc." 

I  must,  therefore,  advise  you  that  any  referendum  petitions  which: 
may  be  received  by  your  ofiice  after  the  ninetieth  day  must  not  be  filed,. 


326  STATE  OF  NORTH  DAKOTA 

regardless  of  the  date  of  postmark  on  the  envelopes  in  which  they  were  sent. 
The  Attorney  General  concurs  in  this  opinion. 
Yours  truly, 

H.  R.  BITZING, 
Assistant  Attorney  General. 
12. 
ELIGIBILITY  OF  CANDIDATES. 

November  .14,  1912. 

The  question  presented  is,  as  to  whether  or  not  said  Cass  may,  sub- 
sequent to  his  election  and  previous  to  the  date  upon  which  he  will 
be  required  to  qualify,  become  admitted  to  the  bar  in  this  state,  and  in 
such  case,  whether  he  will  then  be  allowed  to  qualify  and  assume  the 
duties  of  the  office  of  state's  attorney.  This  leads  to  a  consideration 
of  the  question  as  to  whether  or  not  a  candidate  for  oflBce  must  be 
eligible  to  hold  the  oflSce  to  which  he  aspires  at  the  time  of  his  elec- 
tion, or  whether  subsequent  to  his  election,  in  case  he  is  not  qualified 
at  the  time  of  such  election,  he  may  become  qualified  and  will  then 
be  permitted  to  hold  office. 

A  thorough  consideration  of  the  authorities  upon  this  point  leads 
me  to  the  conclusion  that  a  person  in  order  to  be  duly  elected  to  an 
oflSce  must  be  eligible  to  hold  such  oflSce  at  the  time  of  his  election, 
and  that  unless  he  is  eligible  at  such  time,  the  election  is  a  nullity, 
and  he  may  not  subsequent  thereto,  become  qualified  and  thereby  en- 
titled to  hold  the  office. 

Further  considering  my  first  proposition,  the  rule  is  laid  down  by 
our  own  supreme  court  as  follows :  "A  person  who  is  ineligible  to  hold 
a  public  office  can  not  be  elected  thereto  and  his  election  is  a  nullity, 
and  the  word  "elected"  as  used  in  subdivision  764,  Revised  Codes  1905, 
signifies  an  election  of  a  qualified  successor  to  the  incumbent."  Jenness 
vs.  Clark,  21  N.  D.  150.  The  rule  laid  down  by  our  court  is  supported 
by  an  overwhelming  weight  of  authority.  See  Sheridan  vs.  City  of 
St.  Louis,  Am.  &  Eng.  Annot.  Cases,  vol.  2,  p.  480,  and  cases  cited. 

*♦*♦♦**♦♦*♦♦ 

Very  truly  yours, 

W.  P.  COSTELLO, 
Assistant  Attorney  General. 


13. 

May  1,   1914. 
Mr,  C.  W.  Burnham,  County  Auditor,  Carrington,  X.  D. 
Dear  Sir: 

Your  letter  to  the  attorney  general  received  in  which  you  state  that 


OPINIONS  OF  THE  ATTORNEY  GENERAL  327 


you  have  a  candidate  for  county  oflBce  who  contemplates  moving  from 
one  precinct  to  another  within  ninety  days  preceding  the  primary  elec- 
tion and  which  will  result  in  losing  his  vote;  that 'he  has  all  the  other 
requisite  qualifications  of  a  voter  and  ask  if  the  fact  that  he  cannot  vote 
at  the  primary  election  will  affect  in  any  way  the  validity  of  his 
candidacy. 

In  my  opinion   it  will  not.     The  fact  that  he  moves  from  one  pre- 
cinct to  another  will  not  prevent  him  from  being  a  candidate. 

Very  truly  yours, 

JOHN  CARMODY, 
Assistant  Attorney  General. 


14. 

March  4,  1912. 

Hon.  F.  O.  Hellstrom,  Warden  of  Penitentiary,  Bismarck,  N.  D. 

Dear  Sir: 

We  have  your  favor  of  March  2d,  1912,  calling  our  attention  to  sec- 
tion 33  of  Chapter  61.  Laws  of  1911.  You  further  state  that  some  of 
the  papers  have  been  taking  the  stand  that  under  the  Board  of  Con- 
trol Law  the  Warden  of  the  Penitentiary  is  prohibited  from  running  for 
office. 

In  my  opinion  the  section  to  which  you  refer  does  not  prohibit  the 
Warden  from  being  a  candidate  for  office.  This  section  is  divided  into 
two  parts.  The  second  part  only  is  germane  to  your  inquiry.  I  am 
satisfied  that  the  term  therein  used,  namelj' :  "particular  person  or 
candidate  for  office,"  and  "any  person,"  means  a  third  person  and  not 
the  candidate  himself.  That  is,  you  could  not  favor  any  other  person 
or  contribute  money  or  aid  him  in  seeking  an  election,  but  it  does  not 
prevent  yourself  from  seeking  an  office. 

Very  truly  yours, 

ALFRED  ZUGBR. 
Assistant  Attorney  (Jeneral. 


15. 
VACANCIES. 

August  24,  1915. 
Mr.  A.  R.  Middlemas,  Flasher.  N.  D. 
Dear  Sir: 

You  write  the  Attorney  General  stating  that  in  your  village  of  Flasher 
one  of  the  aldermen  of  your  village  has  removed  his  residence  from 
the  ward  from  which  he  was  elected  to  another  ward  in  the  city  and 
you  ask  if  he  can  legally  continue  to  represent  the  ward  from  which  he 
was  elected. 


'328  STATE  OF  NORTH   DAKOTA 


Replying  thereto  will  state,  that  our  statute  upon  the  disqualification 
of  public  officers,  which  is  Section  683  of  the  1913  Compiled  Laws,  states 
among  other  things  that  every  office  shall  become  vacant  when  the  of- 
ficer ceases  to  become  a  resident  of  the  state,  district,  county  or  town- 
ship in  which  the  duties  of  his  office  are  to  be  discharged  or  for  which 
he  may  be  elected. 

While  this  section  has  not  been  construed  in  the  North  Dakota  Courts 
to  my  knowledge,  yet,  similar  sections  have  been  construed  in  other 
states.  In  South  Dakota  they  have  a  similar  statute  and  a  case  w^here 
a  county  commissioner  was  elected  from  one  district  in  the  county  and 
later  changed  his  residence  to  another  commissioner's  district  and  an 
action  involving  the  question  as  to  whether  or  not  he  had  vacated  the 
office  by  his  move,  the  court  of  South  Dakota  held  that  the  word  "dis- 
trict" in  the  statute  embraced  more  than  one  county  and  that  a  county 
commissioner  would  not  disqualify  himself  by  removing  to  a  different 
commissioner's  district  than  that  from  which  he  was  elected  within  the 
same  county. 

Gray  vs.  Board  of  County  Commissioners  of  Beadle  County  et  al, 
110  N.  W.  36. 

Reasoning  from  the  above  cases,  I  would  say  that  in  the  case  which 
you  have  cited  to  me  that  the  alderman  would  not  vacate  his  oflico  by 
reason  of  moving  from  one  w^ard  to  the  other  in  the  same  village. 

My  opinion,  therefore,  is  that  the  alderman  is  still  qualified  to  repre- 
sent the  ward  from  which  he  was  elected  until  the  term  of  his  office 
expires.     I  would  also  cite  you  the  case  of  State  vs.  Craig,  132  Indiana  54. 

Yours  truly, 

H.  R.  BITZINCx, 
Assistant  Attorney  General. 


16. 

NOMINATING  PETITIONS. 

March  24,   1910. 
Mr.  Frederick  Davis,  Superintendent  of  Schools,  Hetthiger.  N.  D. 
Dear  Sir: 

You  ask,  in  a  recent  letter,  if  a  person  who  is  not  a  voter  at  the 
primaries,  but  who,  between  the  date  of  the  primaries  and  the  date  of 
the  general  election,  legally  becomes  a  voter,  may  become  a  candidate 
at  the  primaries. 

By  section  4,  of  chapter  109,  Session  Laws  of  1907,  it  is,  among 
other  things,  provided  that  candidates  for  county  offices  shall  accom- 
pany the  petition  which  is  required  to  be  filed  before  the  primaries,  with 
an  affidavit  such  as  is  provided  in  section  3  of  said  act. 


OPINIONS  OF  THE  ATTORNEY  GENERAL  329 


The  affidavit  referred  to  is  to  ttie  effect  that  the  affiant  resides  in 
the  county  named,  in  this  state;  that  he  is  a  qualified  voter  therein; 
that  he  is  a  candidate  for  nomination  to  the  office  named,  to  be  chosen 
at  the  primary  election  to  be  held  on  the  date  named,  and  includes  u 
request  that  the  name  of  affiant  be  printed  upon  the  primary  election 
ballot. 

These  provisions  taken  together  would  dispose  of  your  question  in 
the  negative,  were  it  not  for  the  fact  that  the  effect  of  such  an  affi- 
davit has  been  ruled  upon  by  the  supreme  court  of  this  state. 

Section  211  of  the  constitution  of  this  state,  after  prescribing  the 
form  of  the  oath  of  office  for  various  offices,  declares  that  "no  other  oath, 
declaration  or  test  shall  be  required  as  a  qualification  for  any  office  or 
public  trust." 

In  the  case  of  State  vs.  Blaisdell,  118  N.  W.  141,  the  supreme  court 
held  that  the  pledge  required  of  members  of  the  legislature  by  the  pri- 
mary law  violates  the  section  of  the  constitution  above  referred  to,  in 
that  it  requires  an  additional  test  in  contravention  thereof. 

The  affidavit  required  of  candidates  for  other  offices  is  in  principle 
the  same  as  the  pledge  required  of  members  of  the  legislature.  We 
therefore  take  the  view  that  a  person  may  become  a  candidate  at  the 
primaries  without  making  such  an  affidavit  as  that  to  which  you  refer. 

Further  than  this  the  weight  of  authority  is  to  the  effect  that  it  cannot 
be  required  of  a  candidate  for  office  that  he  be  eligible  to  the  office  before 
the  general  election,  and  some  cases  ven  go  so  far  as  to  hold  that  it  is 
sufficient  if  a  person  is  eligible  before  the  duties  of  the  office  must  ])e 
a.ssumed,  even  though  he  was  not  eligible  at  the  time  of  his  election. 

In  the  light  of  these  decisions  on  these  two  propositions  it  is  our 
conclusion  that  a  person  may  be  a  candidate  for  nomination  to  an  office 
at  the  primaries  although  not  at   that   time  an  elector   in   this  state. 

Very  truly  yours, 

ANDREW  MILLER. 
Attorney  General. 


17. 

Mr.  C.  W.  Burnham,  Carrington,  N.  D. 

Dear  Sir: 

We  have  your  letter  stating  that  you  received  a  petition  from  a 
candidate  for  county  office  after  four  o'clock,  on  the  28th  of  May.  the 
petition  having  been  sent  by  registered  mail  on  the  27th  of  Muy.  Yon 
ask  if  you  may  receive  the  petition,  file  it  and  place  the  candidate's 
name  upon  the  primary  election  ballot. 


330  STATE  OF  NORTH  DAKOTA 

The  law  provides  that  the  candidates  ''shall  present  to  the  county 
auditor  a  petition,"  etc.  From  the  whole  act  it  seems  to  me  that  it  is 
apparent  that  the  word  "present"  is  equivalent  to  the  word  "file",  and  a 
paper  is  considered  filed  only  when  it  is  delivered  to  the  proper  oflBcer 
and  by  him  received,  to  be  kept  on  file.  Leaving  out  of  the  question  the 
suflSciency  of  delivery  to  the  i)ostofl3ce  as  a  delivery  to  the  addressee,  it 
is  nevertheless  a  fact  that  you  did  not  receive  the  petition  and  accept 
it  and  file  it  prior  to  four  o'clock  on  the  28th  day  of  May,  which  was 
the  last  day  for  accepting  and  filing  petitions.  I  am  satisfied  that  the 
candidate  you  mention  is  too  late  with  his  petition  to  be  entitled  to 
have  it  filed  and  to  have  his  name  placed  on  the  ballot  as  a  candidate 
for  office.  This  is  the  practical  construction  which  has  been  given  the 
act  from  its  enactment  by  the  various  oflScers  charged  with  filing  peti- 
tions, and  I  believe  that  their  construction  is  the  sensible  one,  and 
correct. 

Very  truly  yours, 

C.    L.    YOUNG, 
Assistant  Attorney  General. 


18. 

June  2,  1910. 
Mr.  Paul  S.  Meyer,  County  Auditor.  Washburn.  X.  D. 

Dear  Sir: 

In  reply  to  your  favor  under  date  of  May  31st,  requesting  my  opinion 
as  to  whether  or  not  under  section  4,  chapter  109,  Laws  of  1907,  can- 
didates' petitions  must  have  attached  thereto  the  affidavit  provided  in 
sectipn  3  of  said  act,  and  whether  you  should  file  such  petitions  as  have 
been  presented  to  you  for  filing  which  do  not  contain  such  affidavit,  1 
think  you  should  file  the  same.  In  my  opinion  the  affidavit  is  unnec- 
essary. I  understand,  of  course,  that  the  act  of  law  itself  provides  for 
this  affidavit,  but  the  supreme  court  has  already  passed  on  that  question 
and  held  that  the  affidavit  part  of  it  is  unconstitutional  and  void.  The 
supreme  court  of  other  states  have  held  the  same  way  on  the  same 
question.     Therefore  I  advise  that  you  accept  and  file  the  petition. 

Very  truly  yours, 

ANDREW  MILLER, 
'  Attorney  General. 


19. 


February  15,  1909. 


Mr.  I.  W.  Healy,  Bismarck,  N.  D. 
Dear  Sir: 


Answering  your  favor  under  date  of  February  13th.   I  do  not  know 
of   any   court  decision   expressly   authorizing   county   auditors   to   refund 


OPINIONS  OF  THE  ATTORNEY  GENERAL  131 

fees  collected  from  candidates,  but  I  am  of  the  opinion  that  the  law,  in  so 
far  as  it  provides  for  the  payment  of  fees  of  candidates,  is  unconstitu- 
tional. The  Secretary  of  State  did  not  collect  from  state  candidates. 
Attorney  General  McCue  rendered  a  written  opinion  holding  that  part 
of  the  law  unconstitutional.  I  am  inclined  to  believe  that  the  proper 
method  by  which  the  refunds  should  be  made  would  be  on  resolution  by 
the  county  commissioners. 

Yours  very  truly, 

ANDREW  MILLER. 
Attorney  (xeneral. 


20. 

January  26,  1911. 
Mr.  Henry  Sagehorn,  County  Auditor,  Stanton,  N.  D. 
Dear  Sir : 

In  respect  to  section  4,  Chapter  109,  Laws  of  1907,  pro- 
viding for  the  collection  of  fess  from  candidates  in  the  primary  election, 
it  is  my  judgment  that  the  law  under  which  you  collected  those  fees  is 
unconstitutional.  A  similar  law  has  already  been  declared  unconstitutional 
'  by  the  supreme  court  of  this  state,  and  the  identical  law  has  been  held 
unconstitutional  by  Judge  Templeton  at  Grand  Forks.  No  fees  were  col- 
lected from  state  oflBcers,  on  my  advice.  In  my  judgment,  the  fees  should 
be  returned  to  the  parties  from  whom  collections  were  made. 

I  Very  truly  yours, 

ANDREW  MILLER, 
Attorney  General. 
21. 

May  7,  1912. 
Mr.  George  Duncan,  Clerk  of  Court,  Minnewaukan,  N.  D. 
Dear  Sir: 

Replying  to  yours  of  the  6th  inst.,  I  beg  to  advise  that  in  my  opinion 
;  it  is  suflBcient  if  one  fifth  of  the  precincts  in  the  district  or  county  in 
which  a  candidate  aspires  to  oflSce,  are  represented  on  the  petition,  and 
for  that  purpose  I  see  no  reason  why  one  name  from  each  precinct 
should  not  be  suflBcient  to  give  such  precinct  the  necessary  representa- 
tion on  the  petition.  In  the  absence  of  explicit  language  to  the  con- 
j  trary,  I  see  no  reason  for  holding  that  more  than  one  name  from  each 
precinct  should  appear  on  the  petition  which  is  filed  with  the  county 
auditor. 

Very  truly  yours, 

C.  L.  YOUNG, 
.  Assistant  Attorney  GreneraL 


332  STATE  OF  NORTH  DAKOTA 

22. 

April   1,   1914. 
Hon.  T.  H.  Burke,  State's  Attorney,  Minnewaukan,  N.  D. 
Dear  Sir: 

The  attorney  general  is  in  receipt  of  your  favor  of  March  26th  in 
which  you  ask  for  an  opinion  relative  to  the  number  of  signers  to  peti- 
tion for  candidate  for  a  county  oflBce  upon  the  socialist  ticket.  You 
say  there  were  no  socialist  votes  cast  or  a  socialist  candidate  in  the  last 
election  for  any  county  office  in  your  county. 

This  question  is  a  very  difficult  one  to  answer,  and  the  statute,  sec- 
tion 4  of  chapter  213  of  the  Laws  of  1911,  does  not  throw  much  light 
on  it.  Section  4,  supra,  requires  the  petition  to  contain  the  names  of 
five  per  cent  of  the  total  vote  cast  for  the  candidate  of  the  party  which 
he  represents,  for  the  same  position  at  the  last  general  election.  It  is 
provided,  however,  that  in  no  case  shall  there  be  more  than  two  hun- 
dred names.  It  seems  to  us  that  a  candidate  of  this  party  would  better 
procure  two  hundred  names.  Under  this  statute  there  seems  to  be  no 
basis  on  which  to  figure  the  number  of  signers  required.  You  can  not 
figure  five  per  cent  of  the  votes  of  the  candidate  who  had  no  votes  and 
where  there  was  no  candidate  and  no  votes  cast  for  him  at  the  last 
election. 

If  the  candidate  of  this  party  desiring  to  go  upon  the  ballot  is  not 
satisfied  or  cannot  get  two  hundred  names,  we  can  only  suggest  that  he 
bring  an  action  if  there  is  any  basis  for  any  and  have  the  court  deter- 
mine what  had  better  be  done. 

Yours   truly, 

ALFRED    ZUGER, 
Asst.  Attorney  General. 


23. 


May  1.  1914. 


Miss  Alameda  Lee,  Mohall,  N.  D. 

Dear  Madam : 

************* 
Section  18  of  chapter  266,  of  the  Session  Laws  of  1907,  prescribes  the 
qualifications  necessary  for  the  office  of  county  superiiitendent  of  schools. 
The  candidate  must  be  at  least  twenty-one  years  old,  and  in  my  opinion 
should  have  two  hundred  names  on  his  petition  in  order  to  get  on  the 
official  primary  ballot. 

Yours  very  truly 

.JOHN  CARMODY. 
Asst.  Attornev  General. 


OPINIONS  OF  THE  ATTORNEY  GENERAL  333 

24. 

June  15,  1910. 

Mr.  John  A.  Layne,  State's  Attorney,  Fessenden,  N.  D. 

Dear  Sir: 

In  the  absence  of  the  Attorney  General  I  will  answer  your  letter 
of  the  13th  relative  to  the  construction  of  section  5  of  the  primary  elec- 
tion law.  We  have  had  this  same  matter  presented  to  the  oflBce  and 
ruled  on  it  just  as  you  have  done ;  that  is,  we  held  that  to  fill  a  vacancy 
it  is  necessary  to  file  an  aflfidavit  subscribed  by  the  five  electors,  a  peti- 
tion as  required  by  section  3  and  4,  and  the  written  consent  of  the  per- 
son to  be  nominated.  We  believe  that  the  feature  of  the  law  providing 
for  payment  of  the  fee  is  unconstitutional.  We  have  had  numerous 
inquiries  regarding  the  law,  but  have  in  no  instance  had  anyone  question 
the  construction  of  the  provisions  you  mention.  I  believe  that  the  law 
is  quite  clear  as  regards  this  provision,  and  that  your  construction  is 
correct. 

Very  truly  yours, 

C.  L.  YOUNG, 
Asst  Attorney  GeneraL 


25. 

June  8,  1910. 

Mr.  Andrew  Blewett,  County  Auditor,  Jamestown,  N.  D. 

Dear  Sir: 

We  have  yours  stating  that  certain  petitions  have  been  presented  to 
you  under  the  provisions  of  section  5  of  the  primary  election  law.  These 
are  petitions  to  fill  vacancies  on  the  democratic  ticket,  and  as  we  under- 
stand, are  accompanied  with  the  application  of  five  qualified  electors 
that  the  names  of  the  persons  mentioned  in  the  petitions  be  placed  upon 
the  primary  election  ballot.  You  ask  if  the  signature  of  the  candidate 
under  the  heading  to  the  petition  constitutes  a  suflScient  consent  to  comply 
with  the  provisions  of  that  section. 

If  I  understand  your  statement  of  facts  correctly,  such  signature 
under  the  heading,  if  it  is  in  the  usual  form,  in  my  judgment  constitutes 
such  written  consent  as  is  contemplated  by  section  5.  While  it  may  not 
be  such  a  formal  written  consent  as  one  would  ordinarily  draw,  it  is 
undoubtedly  sufficient  to  show  that  the  person  signing  the  same  in  fact 
does  consent  to  become  a  candidate  for  the  office  named.  Election  laws 
are  liberally  construed  by  the  courts,  so  that  the  purposes  for  which 
they  are  enacted  may  be  secured,  although  the  laws  may  not  be  tech- 


334  STATE  OF  NORTH   DAKOTA 


nically  followed.     So  long  as  there  is  no  gross  or  flagrant  variance  from 
the  letter  of  the  law,  proceedings  under  it  will  be  upheld. 

Trusting   that  I   have  understood   your  statement   of   the   facts   cor- 
rectly, and  that  this  letter  will  answer  your  question,  I  am. 

Very  truly  yours, 

C.  L.  YOUNG, 
Asst.  Attorney  General. 


26.  : 

October  9,  1916.  •  i 
Mr.  John  K.  Snyder,  County  Auditor,  Linton,  N.  D. 

Dear  Sir:  ; 

Your  letter  of  the  5th  has  been  referred  to  me  for  answer.    You  state] 
that  two  persons  were  duly  nominated  at  the  Primaries  for  the  office  of  | 
Superintendent  of   Schools   of  your  county   and  that  you  have  been   in- 
formed that  one  of  the  candidates  so  nominated  will  withdraw. 

You  ask,  first,  whether  by  such  withdrawal  a  vacancy  will  occur  and  ■ 
if  so  how  the  same  shall  be  filled. 

This  matter  is  one  of  considerable  doubt  and  I  confess  that  I  am  not  ■ 
altogether  clear  on  the  proposition ;  but,  after  considerable  thought  on  the : 
subject  I  have  concluded  that  no  vacancy  would  occur  by  such  with- ' 
drawal  for  the  reasons  that  while  the  statute  permits  the  nomination '. 
of  two  persons  it  does  not  necessarily  require  such  number.  j 

Moreover,  I  will  state  that  if  such  withdrawal  should  cause  a  vacancy  j 
I  am  not  at  all  certain  as  to  how  this  may  be  filled.  Clearly  the  party  j 
managers  cannot  fill  it  as  in  other  instances  for  the  reason  that  this ; 
oflBce  is  now  made  Nonpartisan,  and  I  have  grave  doubts  as  to  the  ap-^ 
plication  of  section  501  referred  to  in  your  letter. 

As  I  now  view  the  matter  I  believe  that  the  only  way  that  any  i 
one  can  run  for  County  Superintendent  of  Schools  after  the  Primaries; 
and  while  there  is  still  at  least  one  nominee,  is  by  the  use  of  stickers,      j 

Very  truly  yours,  \ 

FRANCIS  J.  MURPHY,  j 

Asst.  Attorney  General.         I 


■ i 

27. 

OPINION.  I 

May  4,  1920.  : 

Hon.  John  A.  Layne,  ] 

State's  Attorney,  Wells  County,  •  j 

Fessenden,  N.  D.  \ 

Dear  Sir:  ! 

In   a   communication   addressed   to   this   department  you   request   an  | 

opinion  as  to  the  number  of  names  required  to  be  had  upon  petitions  for  ; 

nomination  for  oflSce  under  the  nonpartisan  election  law  created  by  Chap-  i 


OPINIONS  OF  THE  ATTORNEY  GENERAL  335 

ter  117  of  the  Session  Laws  for  1919.  Your  question  arises  due  to  the  fact 
that  Section  854  of  the  C.  L.  of  North  Dakota  for  1913,  as  amended  by 
Cbapt  150  of  the  S.  L.  of  North  Dakota  for  1915,  requires  that  a  candidate 
for  a  county  or  district  office  shall  file  a  petition  giving  his  name,  post 
office  address  and  the  title  of  the  office  to  which  he  aspires  and  the  party 
which  he  represents,  containing  the  names  of  five  per  cent  of  the  total 
vote  cist  for  the  candidate  of  the  party  which  he  represents  for  the  same 
position  at  the  last  general  election,  such  names  to  be  procured  from  at 
least  one-fifth  of  the  precincts  in  his  district,  provided,  however,  that  in 
no  case  shall  there  be  more  than  two  hundred  names  on  said  petition. 

Chapter  117  of  the  S.  L.  for  1919  provides  for  the  nonpartisan  elec- 
tion of  certain  county  and  state  offices  and  thus  makes  impossible  the 
strict  application  of  the  requirements  of  said  Section  854,  as  amended,  to 
nominating  petitions  for  such  offices.  It  is  quite  apparent  that  a  nominat- 
ing i)etition  for  an  office  denominated  nonpartisan  which  contains  the  names 
of  two  hundred  qualified  electors  would  satisfy  the  requirements  of  said 
Section  854,  as  amended.  However,  if  two  hundred  signatures  are  re- 
quired upon  all  nominating  petitions  of  persons  seeking  to  become  can- 
didates for  nonpartisan  county  offices  it  would  work  a  great  hardship  upon 
such  candidates,  particularly  in  the  counties  of  the  state  having  a  small 
population. 

Having  in  mind  the  intent  of  the  legislature  in  fixing  the  percentage 
of  the  electors  whose  signatures  must  appear  upon  a  nominating  i)etition 
in  order  to  entitle  a  candidate  to  have  his  name  printed  upon  the  ballot,  it 
is  my  opinion  that  {he  requirements  of  said  Section  854.  as  amended,  will 
be  met  by  candidates  for  nonpartisan  offices  if  their  nominating  petitions 
contain  the  names  of  not  less  than  five  per  cent  of  the  total  vote  cast  for 
said  office  at  the  last  general  election. 

Yours  very  truly, 
Asst.  Attorney  General. 


28. 

Aug.  24.  1920. 
Hon.  Thos,  J.  Harris. 
County  Auditor,  Ransom  County, 
Lisbon,  N.  D. 

Dear  Sir: 

I  have  your  favor  of  the  17th  inst.,  in  which  you  state  certain  facts 
by  which  a  vacancy  has  occurred  on  the  nonpartisan  ballot  for  county 
judge  in  Ransom  County,  and  upon  which  you  desire  an  opinion. 

The  present  incumbent  of  the  office  of  county  judge  of  Ransom  County 
was  one  of  the  two  highest  candidates  at  the  recent  primary  election  for 
the  office  of  county  judge.     F.  S.  Thomas,  the  present  incumbent  of  the 


I 

I 
336  STATE  OF  NORTH  DAKOTA 

office  of  county  judge,  has  now  tendered  his  resignation  to  take  effect  im-  • 
mediately,  and  lias  also  withdrawn  as  a  candidate  for  re-election  in  the  j 
fall  election. 

You  desire  to  know  if  the  vacancy  on  the  ticket  for  the  office  of  \ 
county  judge  may  be  filled  by  one  of  the  county  central  committees,  or  if  j 
there  is  any  other  method  provided  by  statute  by  which  such  vacancy  may  ] 
be  filled. 

The  first  nonpartisan  ballot  in  this  state  was  created  by  Chapter  82,  ' 

Session  Laws  1909,  which  provided  that  the  election  of  Judges  should  be  i 
had  upon  separate  ballot  upon  which  no  designation  of  party  should  be 

made.     Four  years  later  the  office  of  State  Superintendent  of  Public  In-  ; 

struction  and  County  Superintendent  of  Schools  was  placed  on  the  nonpar-  ' 

tisan  ballot,  see  Chapter  153,  Session  Laws  1913.    With  those  officers  placed  ; 

on  the  Nonpartisan  Ballot  already  mentioned  the  1919  session  of  the  legisla-  . 

ture  added  "all  elective  county  officers",  and  in  the  same  act  Chapter  117,Ses-  j 

sion  Laws  of  1919,  revamped  the  procedure  by  which  the  nopartisan  bal-  j 

lot   provided   for    should   be    operated.     A    study    of    the    history   of   the  ! 

legislation   creating   the  nonpartisan   ballot   from   1909   to   the   latest  ex-  ] 

pression  by  the  legislature  discloses  a  clear  intention  to  remove  definitely  [ 
and    completely    those   offices    directed    to   appear    upon    the    nonpartisan 

ballot,  from  the  direction,  control  and  check  of  party  politics  and  from  I 
the  statutory  machinery  provided  for  the  perpetuation  of  parties. 

It  will  also  be  apparent  that  so  far  as  the  nonpartisan  ballot  is  con- 
cerned, no  method  is  provided  by  which  vacancies  occurring  on  the  ballot 
prior  to  the  regular  election  shall  be  filled. 

Because  of  the  inadequate  nature  of  the  nonpartisan  election  laws  ■ 
in  this  respect  it  had  been  suggested  that  the  central  committees  fill  any  ; 
such  vacancy  that  may  occur,  in  the  same  manner  as  those  committees  are  < 
authorized  to  fill  vacancies  upon  the  partisan  ballot.  ! 

This   method    of    filling    vacancies    is    however    limited    solely    to    the  ! 

partisan   ballot   and   has   no   application   to    the   nonpartisan   ballot.     See  ! 

State  ex  rel.  Burtness  v.  Hall N.  D ,   163  N.   W.   1055.     Merely  ' 

because  the  Nonpartisan  ballot  machinery  has  proved  inadequate  in  this  I 

particular,  can  in  no  manner  justify  foisting  upon  it  even  fragments  of  i 

the  partisan  ballot,  the  evils  of  which,  the  legislature,  by  the  nonpartisan  \ 

ballot  sought  to  escape.  ! 

From  the  inherent  nature  of  each  ballot,  the  partisan  and  nonpartisan, 
there  can  be  no  twilight  zone.     By  their  very  nature  if  one  or  the  other    ; 
proves  inadequate  in  certain  phases,  they  cannot  be  combined  and  com-    ■ 
plete  that  which  is  apparently  lacking. 

From   the  foregoing  reasons  I  am  constrained  to  recognize  the  fact    j 
that  although  the  legislature  has  failed  to  provide  a   method  by  which 
vacancies  on  the  nonpartisan  ballot  may  be  filled,  it  nevertheless  clearly     ( 


OPINIONS  OF  THE  ATTORNEY  GENERAL  337 

expressed    its    repugnance    to    compounding    the    election    partisan    ma- 
chinery with  that  of  the  nonpartisan. 

In  this  state  there  is  no  way  by  which  vacanqies  occurring  upon  the 
nonpartisan  ballot  may  be  filled. 


AES       ( 


Very  truly  yours. 
Attorney  General. 


29. 


June  1,  1912. 


Mr,  C.  W.  Burnham,  County  Auditor, 
Carrington,  N.   D, 

Dear  Sir: 

The  Attorney  General  is  in  receipt  of  yours  saying  that  two  petitions 
for  nomination  as  precinct  committeeman  have  been  presented  to  you, 
with  a  request  that  the  same  be  filed  and  the  names  of  the  candidates 
placed  on  the  primary  election  ballots. 

As  stated  by  you,  there  is  no  authority  for  the  filing  of  such  petitions, 
the  law  (Chapter  211,  Laws  of  1911)  providing  that  at  the  primary  elec- 
tion each  voter  may  write  in  the  space  left  on  his  ticket  for  that  purpose, 
the  name  of  one  qualified  elector  who  is  a  member  of  his  party,  and  a 
resident  of  his  precinct,  for  precinct  committeeman,  and  the  one  receiving 
the  highest  number  of  votes  at  the  election  is  deemed  the  committeeman 
for  such  precinct. 

Very  truly  yours, 
C.    L.  Young. 
Assistant  Attorney  General. 


30 
NOMINATIONS  FOR  MUNICIPAL  OFFICE. 

March  12,  1914. 
Hon.  Joseph  Denoyer, 
Attorney  at  Law.  Beach,  N.  D. 

Dear  Sir : 

In  response  to  your  request  over  the  telephone  for  an  opinion  as  to 
whether  chapter  73  of  the  Laws  of  1913  conflicts  with  section  614  of  the 
political  code  and  whether  the  Australian  ballot  should  be  used  in  the  dty 
of  Beach  which  has  never  polled  as  many  as  three  hundred  votes  at  any 
city  election  I  beg  to  give  our  opinion  as  follows : 

We  think  chapter  73  of  the  Laws  of  1913  governs  and  must  be  com- 


338  STATE  OF  NORTH   DAKOTA 

plied  with  without  regard  to  any  other  statutory  provisions,  as  this  1J)13 
enactment  seems  to  be  a  complete  law  relative  to  the  nomination  of  can- 
didates for  city  oflBce.  While  chapter  73  does  not  state  in  terms  that  the 
Australian  ballot  must  be  used,  yet  the  conditions  surrounding  the  carry- 
ing into  effect  of  this  are  such  that  only  the  Australian  ballot  can  be 
employed.  We  think  that  chapter  73  of  the  Laws  of  1013  must  be  com- 
plied with. 

Yours  very  truly, 

Alfred  Zuger, 

Asst.  Attorney  GeneraL 


31. 

April  2,  1914. 
Mr.  John  F.  Faytle, 
McHenry,  N.  D. 

Dear  Sir: 

Your  letter  to  the  attorney  general  in  which  you  state  where  village 
oflScers  of  an  incorporated  village  or  nominated  and  elected  under  the 
old  caucus  system  and  disr^arded  the  provisions  of  chapter  73,  Session 
Laws  of  1913,  are  their  acts  legal  and  valid?  The  officers  in  question  be- 
ing nominated  and  elected  for  the  year  1913. 

In  my  opinion  they  are  de  facto  officers  and  their  acts  are  valid. 

Yours  very  truly 

Alfred  Zuger, 

Asst.  Attorney  General. 


32. 

February  5.  191;"). 
Mr.  Emil  Scow, 
Bowman,  N.  Dak. 

Dear  Sir: 

Your  favor  of  recent  date  asking  for  an  interpretation  of  Chapter  73 
of  the  Session  Laws  of  1913  relative  to  our  partisan  elections  is  before  me. 
You  ask  whether  or  not  it  is  the  intent  of  this  statute  to  compel  every 
voter  to  use  every  one  of  these  ballots  prepared  by  the  village  clerk  and 
that  no  other  ballot  can  be  counted  except  the  regular  ballots  prepared  by 
the  village  clerk  and  if  any  elector  desires  to  vote  for  anybody  not  on 
the  village  ballot,  whether  or  not  the  name  would  have  to  be  written  in 
or  stickers  used,  or  whether  the  voter  could  use  a  different  ballot. 

We  agree  with  you  that  the  law  itself  is  not  clear  upon  this  point 
in  that  it  does  not  provide  that  these  ballots  shall  be  handed  out  by  the 


OPINIONS  OF  THE  ATTORNEY  GENERAL  339 


election  oflScers,  but  we  believe  this  chapter  should  be  read  in  connection 
with  other  laws  prescribing  the  methods  of  conducting  elections  and  in 
that  connection  would  refer  you  to  article  13  of  chapter  2  of  the  Compiled 
Laws  of  1913,  the  same  being  section  957  and  the  following  sections  which 
provide  that  "in  all  general  or  special  elections  for  state,  district,  county, 
city,  township,  village  or  other  public  officers  within  this  state,  including 
election  in  cities,  towns  and  villages  incorporated  by  special  act.  all 
ballots  cast  shall  be  printed  and  distributed  at  public  expense  as  herein- 
after provided,"  the  intent  of  which,  we  believe,  is  to  provide  for  an  offi- 
cial ballot  and  we  believe  that  in  elections  conducted  under  the  pro- 
visions of  Chapter  73  which  you  refer  to,  that  the  ballot  mentioned  is 
meant  to  be  an  official  ballot.  "We  do  not  see  how  this  can  work  any 
hardship  on  any  elector,  because  he,  of  course,  would  have  the  right  to 
use  stickers  or  write  in  the  name  of  any  person  for  whom  he  wished  to  vote. 
It  is,  therefore,  our  opinion  that  the  legislature  intended  that  the 
ballot  referred  to  in  chapter  73  be  the  official  ballot  and  that  no  other 
ballot  be  used  or  counted  except  the  regular  ballot  preimred  by  the 
village  clerk. 

Yours   very  truly, 
Henry  J.  Linde, 

Attorney  General. 


33. 

March  1,  1910. 
Mr.  L.  T.  Peterson, 
Village  Clerk,  Litchville,  N.  D. 
Dear  Sir: 

Replying  to  your  letter  of  the  25th  will  say  that  I  can  find  no  statute 
requiring  any  petition  to  be  filed  for  candidates  for  office  in  villages  at  a 
village  election.  In  city  elections,  however,  such  petition  is  required,  nl- 
though  it  is  not  mandatory,  and  if  no  petition  is  filed  the  election  would  bt 
legal.  In  villages  the  trustees  to  be  elected  should  be  voted  on  by  ward.s 
and  should  not  be  elected  at  large,  although  only  one  voting;  plai-e  is 
required. 

Yours   very  truly, 
Henry  J.  Linde, 
Attorney  (Jeneral 


34. 

January  15,  1916. 
Mr.  H.  T.  Nelson,. 
Courtenay,  N.  D. 
Dear  Sir: 

You  ask  whether  the  provisions  of  chapter  73  of  the  Laws  of  1913 
requiring  non-partisan  elections  in  all  incorporated  cities,  towns,  villages 


340  STATE  OF  NORTH  DAKOTA 


is  mandatory  or  whether  it  is  optional  to  use  the  new  method  or  the  old  one,:! 

In  my  opinion  this  statute  is  mandatory  in  its  terms  and  by  section^ 
3  of  the  Act  all  acts  or  parts  of  acts  in  so  far  as  the  same  conflict,  wer©" 
repealed.  j 

You  further  ask  whether  or  not  any  person  who  has  not  filed  a  peti*] 
tion  within  the  time  required  by  such  act  can  be  permitted  to  run  for^ 
office  on  election  day.  ; 

I  know  nothing  which  can  prevent  such  person  from  running  for' 
office  by  the  use  of  stickers,  but  under  the  provisions  of  this  Chapter  hej 
cannot  have  his  name  placed  upon  the  ballot  unless  he  files  with  thai 
city  auditor  the  petition  required  by  the  statute  within  the  time  thereinyj 
specified.  | 

Very  truly  yours,  ^ 

Francis  J.  Murphy,  j 

Assistant  Attorney  General. 


35.  i, 

March  9,  1912.        i 

Hon.  E.  Smith-Peterson,  ^ 

Park  River,  N.  D.  1 

Dear  Sir:  j 

I  have  before  me  your  valued  favor  of  the  6th  in  which  you  submit|i 

for  construction  certain  provisions  of  section  957  of  the  1913  Compiled' 

Laws  in  connection  with  sections  902  and  903  thereof.  : 

It  is  my  opinion  that  sections  902  and  903  of  the  Compiled  Laws  ofjj 

1913  contemplates  that  the  printing  and  distributing  of  the  official  ballots* 

at  any  election  held  in  an  incorporated  city,  town  or  village,  may  be  done ! 

at  public  expense  and  that  the  last  part  of  section  957,  exempting  elections 

in   civil   townships,   school  districts,   incorporated   cities   and   villages   is,.i 

l)y  implication,  repealed  to  that  extent.  I 

Section  3  of  chapter  73  of  the  1913  Session  Laws  repeals  all  acts  or* 

parts  of  acts  in  conflict  therewith  and  for  that  reason  it  is  my  opini(HiJ 

that  in  any  election  held  under  sections  902  and  903,  the  printing  and^ 

distributing  of  the  official  ballots  may  be  done  at  public  expense.  | 

Yours   very  truly, 

Henry    J.  Linde,  y 

Attorney  General.  f 


36.  ] 

March  17,  1915.         ' 
Mr.  George  E.  Berg,  ; 

Kensal,  N.  D.  | 

Dear  Sir:  ^ 

Your  letter  to  the  Attorney  General  with  reference  to  the  election  of  ■ 
village,  officers  is  before  me.  Our  law  requires  that  candidates  make  outj 
X)etitions  and  that  their  names  be  placed  on  the  official  ballot,  yet  where  i 


OPINIONS  OF  THE  ATTORNEY  GENERAL  341 

petitions   are  not   made  out   this   would  not   prevent  the  electors  from 
voting  for  anyone  they  saw  fit. 

I  think,  however,  that  the  law  contemplates  in  all  elections  an  oflB- 
cial  ball©t,  and  I  would  suggest  that  you  make  out  a  blank  ballot  putting 
on  there  spaces  for  the  number  of  oflScers  to  be  elected  and  the  names 
of  the  oflSces  to  be  filled  and  have  it  stamped  "oflScial  ballot"  and  signed 
with  the  initials  of  one  of  your  election  judges  and  hand  it  to  each  voter. 
He  would  then  have  the  option  of  writing  in  whatever  name  he  cared  to 
insert.  I  see  no  harm  in  having  a  village  caucus  at  which  nominations 
are  made,  but  I  do  not  think  an  oflScial  ballot  should  be  used,  and  the 
names  of  those  persons  so  nominated  be  written  upon  this  ballot. 

Yours  truly, 
H.  R.  Bitzing, 

Assistant  Attorney  General. 


37. 

.  March  15,  1918. 
Mr.  John  Goehring, 
Streeter,  N.  D. 
Dear  Sir: 

This  department  is  in  receipt  of  your  request  for  an  opinion  as  to 
whether  or  not  it  is  possible  for  a  candidate  for  a  village  ofl5ce  to  have 
his  name  appear  on  the  official  ballot  except  through  a  petition. 

Referring  to  Section  903,  Compiled  Laws  of  1913,  it  is  my  opinion 
that  a  candidate  for  such  an  office  can  only  have  his  name  placed  on  the 
official  ballot  by  virtue  of  a  petition  provided  for  therein.  You  will  note 
that  said  section  provides: 

"tt  shall  be  the  duty  of  the  auditor     or  clerk  of  such  city,  town  or  village, 
6g  as  the  case  may  be,  to  place  only   the  names    of    the    person    or    persons    so 

^B-        nominated  upon  the  ballot." 

This  does  not  necessarily  mean,  however,  that  you  can  not  be  a 
candidate  for  the  office,  but  you  may  furnish  stickers  to  the  electors  in  the 
village  and  they  may  be  placed  on  the  ballot  by  them,  or.  if  the  electors 
desire,  they  may  write  your  name  on  the  ballot  themselves. 

Yours  very  truly, 

Edw.  B.  Ck)x, 
Assistant  Attorney  General. 


38. 

May  2.  1917. 
Mr.  Earl  Palmerlee, 
Havana,  N.  Dak. 
Dear  Mr.  Palmerlee : 

In  reply  to  your  letter  I  will  say  that  in  villages  casting  less  than  three 
hundred  votes  no  official  ballot  is  required,  therefore  other  tickets  or  ballots 


342  STATE  OF  NORTH  DAKOTA 

iriay  tie  lised  bj^  the  voters  at  such  village  elections. 

Very  truly  yours, 

William  Langer, 
Attorney  General. 


39. 

PRESIDENTIAL  PRIMARY. 

February  17,  1912. 
Hon.  J.  J.  Kehoe, 

State's  Attorney,  Cando,  North  Dakota. 
Dear  Sir: 

We  have  your  favor  of  the  14th  inst.,  relative  to  Chapter  208  of  the 
Session  Laws  of  1911,  and  especially  section  5  thereof.  This  act  provides 
that  the  notice  of  election  shall  be  given  in  the  manner  prescribed  by  law 
for  giving  notice  of  city,  village  or  township  elections  in  such  city,  village 
or  township ;  and  in  other  precincts,  that  is  in  precincts  which  are  not  in 
organized  cities,  villages  or  townships,  the  notice  of  election  shall  be  given 
as  now  provided  for  general  elections.  That  is,  as  provided  in  section  67 
of  the  Revised  Codes,  1905. 

I  am  therefore,  of  the  opinion  that  you  are  right  in  your  view  of  the 
law.  and  that  notice  of  the  March  primary  must  be  given  in  the  manner 
prescribed  by  law  for  giving  notice  of  city,  village  and  township  elections 
in  such  cities,  villages  and  townships  in  other  precincts  than  those  just 
mentioned  it  must  be  given  as  prescribed  in  Section  637,  Revised  Codes. 

The  idea  seems  to  be  that  notices  of  the  March  primary  election  in 
these  different  political  subdivisions  shall  be  given  in  the  same  way  as 
notices  of  election  for  officers  are  required  to  be  given  for  the  city,  village 
and  township.  The  purpose  being  to  use  the  local  election  machinery 
and  the  same  procedure  so  far  as  applicable. 

Very  truly  yours, 
C.  L.  Young, 
Assistant  Attorney  General. 


40. 

January  12,  1912. 
Hon.  P.  D.  Norton. 

Secretary  of  State,  Bismarck,  N.  D. 
Dear  Sir: 

We  have  yours  asking  if  the  March  primaries  should  be  held  at  the 
voting  places  designated  by  county  commissioners  for  general  elections, 
by  cities  for  city  elections  and  villages  for  village  elections,  and  if  the 
election  officers  who  acted  at  the  last  general  election  or  the  local  offi- 
cers should  act. 


OPINIONS  OF  THE  ATTORNEY  GENERAL  343 

I  HOI  unable  to  And  any  specific  provision  relative  to  the  place  at 
which  the  election  shall  be  held.  There  is  a  provision  in  section  6  of 
chapter  20S  to  the  effect  that  in  all  matters  not  otherwise  expressly  pro- 
vided for,  the  provisions  of  any  election  law  applicable  to  the  case 
shall  govern.  Such  language  is  very  indefinite,  but  I  take  it  that  it  will 
be  proper  to  hold  the  election  at  the  place  designated  for  the  holding  of 
the  last  general  election.  The  voting  precincts  in  cities  are  not  fixed  by 
county  commissioners  as  other  precincts  are,  so  that  so  far  as  cities  are 
concerned,  the  general  election  precincts  and  the  city  election  precincts 
will  probably  be  the  same. 

f  Section  6,  above  referred  to,  expressly  provides  that  in  all  cities, 
villages  and  civil  townships  the  regular  election  oflBcers  thereof  shall  act 
as  such  officers.  This  I  believe  to  mean  the  officers  who  are  designated 
by  law  as  election  officers  of  the  respective  municipalities. 

Yours  very  truly, 
*  C.  L.  Young, 

Assistant  Attorney  General. 


41 

November  2,  1915. 
Hon.  L.  B.  Ha  una. 
Governor.  Bismarck.  X.  D. 

Dear  Governor : 

On  account  of  being  occupied  with  other  matters,  I  have  delayed 
answering  your  communication  of  some  time  ago  in  which  you  ask  for  the 
opinion  of  this  office  as  to  whether  or  not  the  delegates  to  the  Republican 
National  Convention  are  to  be  under  our  law  elected  at  large  or  by  con- 
gressional districts. 

I  have  gone  into  this  matter  somewhat  carefully  and  I  find  that  the 
matter  is  controlled  by  section  910  of  the  1913  Compiled  Laws,  which  pro- 
vides among  other  things: 

"Every  qualified  voter  shall  have  the  right  to  vote  for  as  many  candidates 
for  National  delegates  for  his  party  and  for  the  election  of  as  many  candidates 
for  Presidential  electors  as  there  are  delegates  and  electors  to  be  elected 
respectively,  and  each  elector  shall  have  the  right  to  vote  for  one  candidate 
of  his   party   for  National   Committeeman." 

Under  the  language  of  this  statute,  it  is  my  opinion  that  the  delegates  to 
the  National  Convention  must  be  elected  at  large  and  not  by  congressional 

districts. 

Yours  very  truly, 
Henry  J.  Linde. 
Attorney  Genera  L 


344  STATE  OF  NORTH  DAKOTA 

42. 

August  12,  1916. 
Hon.  Carl  O.  Jorgenpon, 

State  Auditor,  Bismarck,  N.  D. 

Dear  Sir : 

I  have  given  consideration  to  your  communication  of  the  ninth  in 
which  you  ask  for  the  opinion  of  this  oflSce  as  to  the  right  of  delegate  to 
the  so-called  Bull  Moose  National  Convention,  to  be  held  in  Chicago  this 
year,  to  collect  from  the  state  their  expenses  incurred  in  such  convention. 

This  matter  must  be  governed  by  the  provisions  of  section  916  of  the 
1913  Compiled  Laws  and  under  this  statute  it  would  be  necessary  that 
the  Bull  Moose,  or  Progressive  Party,  be  a  political  party  recognized  as 
such  organization  by  the  Laws  of  North  Dakota,  before  the  delegates  to 
the  National  Convention  could  receive  their  expenses. 

As  I  understand  it,  the  Progressive  Party  is  no  longer  recognized  as  a 
party  in  this  state  for  the  reason  that,  in  the  election  in  1914  not  sufficient 
votes  were  cast  for  their  candidates  to  entitle  the  party  to  a  place  on  the 
ballot  this  year  under  our  statute.  Furthermore,  the  delegates  to  the 
convention  in  question  were  not  elected  at  the  primary  election  in 
March,  but  were  elected  at  a  state  convention  called  for  that  purpose. 

I  have  tried  to  find  authority  in  the  statute  for  the  payment  of  the 
expenses  of  these  delegates  because,  it  seems  to  the  writer,  that  it  would 
be  right  and  proper  that  the  state  should  take  care  of  their  expenses,  but  I 
am  unable  to  find  any  legal  or  statutory  authority  for  the  use  of  the 
State's  Funds  for  this  purpose. 

Respectfully  submitted, 
Henry  J.    Linde, 
Attorney  General. 
43. 


Mr.  D.  J.  McGillis, 
Bismarck,  N.  D. 
Dear  Sir: 

You  write  the  Attorney  General  asking  who  it  is  that  appoints  the 
inspectors  of  election  in  cities  having  the  commission  form  of  government 
and  also  whether  or  not  new  judges  are  appointed  fo*  the  Presidontinl 
Primary  election  or  whether  the  judges  at  the  last  general  election  hold 
over. 

Replying  thereto  will  say  that  in  cities  having  tho  commission  form 
of  government  the  city  commission  itself  appoints  the  inspectors  of  elec- 
tion. 


OPINIONS  OF  THE  ATTORNEY  GENERAL  345 

With  respect  to  your  second  question  will  say  that  tlie  election  board  as^ 
constituted  at  the  last  general  election  would  be  the  board  to  act  itt 
that  capacity  at  the  time  of  the  Presideijtial  Primaries. 

Section  915  provides  that  the  insi)ector  and  judges  of  elections  who" 
acted  as  such  at  the  last  general  election  as  those  who  have  been  or  may 
be  appointed  to  fill  such  vacancy  occurring  in  their  office  pursuant  to  law 
shall  act  in  such  Presidential  Primary  as  the  inspectors  and  judges 
of  election. 

Yours  very  truly, 
H.  R.  Bitzing, 
Assistant  Attorney  General. 


44. 

Aug.  25,  1915. 
Hon.  Thos  .Hall, 

Secretary  of  State,  Bismarck,  N.  D. 

Dear  Sir : 

Yon  submit  to  the  Attorney  General  certain  questions  with  reference 
to  the  printing  of  ballots  for  the  Presidential  Primary  election  to  be  held 
in  March,  1916,  the  first  of  which  is  as  follows  relating  to  sections  910-916, 
inclusive,  Compiled  Laws  of  1913 : 

"Is  this  department  required  under  the  provisions  of  this  law  to  print  ballots 
for  all  political  parties  on  receipt  of  the  required  petitions,  whether  or  not  these 
political  parties  have  cast  a  vote  sufficient  to  entitle  them  to  a  ballot  in  the 
Primary  Elections,  as  provided  in  Section  860  of  the  Compiled  Laws  of  1913?" 

In  reading  the  entire  act  providing  for  the  Primary  Election  of  Na- 
tional delegates,  I  am  of  the  opinion  that  only  those  parties  which  are  en- 
titled to  be  represented  at  the  regular  Primary  Election,  that  is  those  par- 
ties which  have  received  five  per  cent  of  the  total  vote  cast  for  Governor 
at  the  last  general  election  preceding  such  Primary  Elections  are  entitled 
to  be  represented  on  such  Primary  Ballot. 

I  would  call  your  particular  attention  in  this  respect  to  the  language 
in  section  916  with  reference  to  the  expenses  of  delegates  at  this  Presiden- 
tial Primary  election  where  it  provides  that  the  State  shall  pay  the  ex- 
penses of  the  delegates  of  the  political  parties  recognized  as  such  by  the 
Laws  of  North  Dakota. 

Your  next  question  relates  to  section  860  of  the  Compiled  Laws  of 
1913  and  is  as  follows: 

"According  to  the  official  tabulation,  made  by  the  Canvassing  Board  and 
on  file  in  this  department,  of  the  General  Election  held  in  November,  1914,  the 
progressive  party  failed  to  cast  five  per  cent  of  the  total  vote  cast  for 
governor  at  that  election.  But  the  Progressive  Party,  at  the  general  election, 
held   in    November,   1912,    cast    more    than    the    required    five   per   cent.     In    view 


346  STATE  OF  NORTH  DAKOTA 


of  these  facts,  what  is  your  opinion  as  to  whether  or  not  the  Progressive 
Party  is  entitled  to  have  a  separate  ballot  at  the  Primary  election  to  be  held  in 
June,  1916  In  other  words,  such  party,  having  qualified  in  1912,  is  it  required 
that  it  shall  qualify  also  in  1914,  and  that,  failing  to  qualify  at  the  preced- 
ing election,  it  no  longer  became  entitled  to  a  separate  party  ballot  at  the  follow- 
ing Primary   Election?" 

It  seems  to  me  that  the  language  of  Section  860,  supra,  admits  but 
one  construction  and  that  is,  that  any  party  to  entitle  it  to  have  a 
separate  party  ballot  at  any  primary  election,  must  at  the  last  preceding 
general  election  have  cast  at  least  five  per  cent  of  the  total  vote  cast 
for  Governor  at  said  election. 

The  fact  that  a  party  has  qualified  at  one  general  election  does  not,  in 
my  opinion,  entitle  it  to  a  separate  party  ballot,  where  at  a  general  elec- 
tion subsequent  thereto  and  prior  to  the  primary  election  at  which  it  seeks 
a  ballot,  it  fails  to  cast  the  required  number  of  votes. 

Your  next  question  has  to  do  with  section  992  of  the  Compiled  Laws 
of  1913  and  you  inquire  of  this  oflice  as  follows : 

"Does  this  section  apply  to  the  Presidential  Primary  election  in  1916? 
Is  the  Secretary  of  State  required  to  cause  the  printing  of  Absent  Voter 
Ballots  for  use  at  this  election?  Can  a  voter's  compliance  wifh  the  retr?str?tion 
law  in  1914  be  considered  a  compliance  such  as  is  required  in  this  sectior.  ?" 

The  Absent  Voter  law  provides  that  any  qualified  elector  of  this  state 
having  complied  with  the  laws  with  regard  to  registration,  who  is  absent 
from  the  county  of  which  he  is  an  elector  on  the  day  of  holding  ANY 
General  or  Primary  Election,  may  vote  at  ANY  such  election  as  hereinaf- 
ter provided. 

I  am  of  the  opinion  that  the  above  language  would  include  the 
Presidential  Primary  election  and  that  the  Secretary  of  State  should  cause 
to  be  printed  "Absent  Voter  Ballots"  for  use  at  such  election. 

Further  answering  that  part  of  your  question  with  reference  to  the 
registration,  I  would  say  that  in  as  much  as  there  can  be  no  registration 
for  1915,  prior  to  March  of  that  year,  when  the  Presidential  Primaries  are 
held  that  a  voter's  compliance  with  the  Registration  Law  in  1914  to  be 
considered  a  compliance  such  as  is  required  in  section  992,  supra. 

Trusting  that  the  foregoing  sufficiently  answers  your  inquiry,  I  have  the 
honor  to  be 

Yours  very  truly, 
H.  It.  Bitzing. 
!  Assistant  Attorney  General. 


45. 

Jan.  20,  1916. 
Mr.  M.  J.  Bredrold. 
Devils  Lake,  N.  D. 
Dear    Sir : 

Replying  to  your  letter  of  the  15th,  will  say  that  Section  910  of  the 
1918  Compiled  Laws  provides  that  the  names  required  on  a  petition  for  a 


OPINIONS  OF  THE  ATTORNEY  GENERAL  W 

candidate  at  the  National  Convention  should  be  equal  to  1  per  cent  of 
the  party  vote  for  representatives  in  congress  at  the  last  election  provided 
that  in  no  event  should  there  be  less  than  five  hundred  names. 

Under  the  provisions  of  Section  929  of  the  Compiled  Laws  it  is  my 
opinion  that  candidates  for  election  at  the  March  Primaries  should  file  an 
itemized  statement  of  the  expenses  incurred. 
Yours  very  truly, 

Henry  J.  Linde, 
Attorney  GeneraL 


46. 

Feb.  1,  1916. 
Mr.  F.  H.  Sprague, 
Grafton,  N.  D. 

Dear  Sir : 

Replying  to  your  letter  of  the  29th  in  which  you  ask  for  the  opinion 
of  tlie  office  as  to  whether  or  not  the  several  names  proposed  as  Presiden- 
tial Electors  and  for  delegates  to  the  National  Convention  can  all  be  in- 
cluded in  one  petition,  I  beg  to  advise  you  that  in  my  opinion  that  the 
name  of  each  candidate  for  these  offices  should  appear  on  a  separate  peti- 
tion. Any  other  method,  it  seems  to  me,  would  be  a  violation  of  the 
spirit  of  the  Primary  Laws. 

'  Yours  very  truly, 

Henry  J.  Linde, 
Attorney  GeneraL  , 


47. 

Feb.  11,  1920. 


Hon.  Thos.  Hall, 

Secretary  of  State,  Bismarck.  N.  D. 

Dear  Sir: 

Replying  to  your  letter  of  February  9th,  in  which  you  inquire  as  to 
whether  or  not  delegates  to  party  national  conventions  shall  be  elected  at 
large  or  two  from  each  congressional  district  and  four  at  large,  has  been 
referred  to  me  for  consideration,  and  I  beg  to  advise  you : 

I  have  examined  the  primary  act  as  well  as  the  presidential  preference 
act  and  I  am  unable  to  arrive  at  any  other  conclusion  than  that  it  was 
the  intention  of  the  Legislature  that  all  delegates  should  be  elected  at  large. 

As  suggested  in  your  letter,  Section  910  provides  that  "each  qualified 
voter  shall  have  the  right  to  vote  for  as  many  candidates  for  national 


348  STATE  OF  NORTH  DAKOTA 

delegates,  for  his  party,  and  for  the  election  of  as  many  candidates  for 
presidential  electors  as  there  are  electors  to  be  elected,  respectively. 

If  the  Legislature  intended  that  the  electors  in  a  congressional  dis- 
trict should  vote  for  two  candidates  or  delegates  from  that  district  and 
four  delegates  at  large,  they  undoubtedly  would  have  used  different 
language  than  that  in  the  section  above  quoted.  I  am  of  the  opinion 
that  this  language  cannot  be  construed  so  as  to  admit  of  the  election  of 
delegates  by  congressional  districts. 

As  to  alternate  delegates,  I  am  of  the  opinion  that  you  are  confined 
in  printing  the  oflBcial  ballot  to  candidates  for  those  positions  specifically 
enumerated  in  the  statute,  and  that  you  may  not  infer  from  the  language 
of  the  statute  any  intention  to  provide  alernate  delegates. 

Sincerely  yours, 
F.  E.    Packard. 


48. 

PARTY    REGISTRATION. 

May  28,   1012. 
Mr.  Laureas  J.  Wehe,  Devils  Lake,  North  Dakota. 
Dear  Sir: 

Your  favor  of  May  27th,  is  received.  Y'on  propound  the  foUnwiiig 
questions,  which  I  shall  endeavor  to  answ^er. 

1.  "If  a  person  is  a  qualified  voter  in  an  election  proriiur  as  to 
citizenship,  age  and  residence,  and  whether  registered  or  not  registered 
under  the  1911  Registration  Law,  has  he  a  right  to  voto  in  the  jiulicial 
election  ? 

2.  "Can  a  person,  who  is  otherwise  a  qualified  voter,  who  w  is  prosciit 
in  the  election  precinct  at  time  of  registration  made  by  assesso"*  rm«l  nlio 
neglected  to  be  registered,  and  who  is  not  registered  under  a  p:iity  re- 
gistration up  to  the  time  of  the  primary  election.  caU  for  and  vote  a  p;irty 
primary  ballot  by  swearing  in  his  vote  on  primary  election  day.  Must 
the  election  board  refuse  to  deliver  and  allow  such  person  to  vote  a  p  irty 
primary  ballot   (this  not  including  the  nonpartisan  judicial  election?) 

3.  "Can  a  person,  who  was  present  in  the  election  precinct  at  time 
assessor  was  making  the  pirty  registrations,  who  was  overlooked  by 
assessor,  or  by  his  own  fault  neglecte<l  to  register  during  that  time,  re- 
gister with  the  county  auditor  by  sending  in  the  required  registration 
aflSdavit  at  any  time  before  election  is  held?" 

To  your  first  question  I  answer,  yes.  The  attorney  general  has  al- 
ready given  an  opinion  to  the  effect  that  one.  if  otherwise  qualified,  is 
entitled  to  vote  the  judiciary  ballot  at  the  coming  primary  election  with- 
out being  registered. 


OPINIONS  OF  THE  ATTORNEY  GENERAL  349 

To  your  second  question  I  would  answer,  no.  The  statute  says  that 
"Any  person  who  was  a  qualified  voter  in  any  election  precinct  in  this 
state  on  the  day  of  enrollment,  provided  for  in  this  act,  and  who  failed 
to  have  his  name  enrolled  on  that  day  by  reason  of  sickness  or  unavoid- 
able absence  from  the  election  precinct,  and  who  is  a  qualified  voter  in 
said  district  at  the  time  of  the  primaries  thereafter  held  therein,  or  who 
may  have  become  twenty-one  years  of  age  after  the  day  of  enrolment, 
may  have  his  name  enrolled  by  the  election  board  on  any  primfiry  day 
upon  making  oath  as  provided  in  the  general  election  law  in  relation  to 
registration  of  electors  on  election  days." 

The  conditions  you  suppose  in  your  second  question  do  not  come  under  the 
exceptions  to  the  rule  which  is  provided  for  in  the  statute  I  have  just 
quoted.  The  election  board  should  refuse  to  deliver  a  ballot  to  such 
person  and  not  allow  him  to  vote  a  party  primary  ballot.  He  should, 
however,  be  entitled  to  vote  the  judiciary  ballot 

It  seems  to  me  that  your  third  question  is  plainly  answered  by  the 
following  portion  of  section  2  of  the  same  act :  "Any  voter  who  is  ima void- 
ably  absent  from  the  assessor's  district  during  the  time  of  taking  the 
party  registration  may  go  before  any  notary  public  and  sign  and  verify 
a  registration  blank  as  shown  by  form  "A",  and  mail  the  same  in  to 
the  county  auditor  of  his.  county." 

It  is  my  opinion  that  this  provision  of  the  statute  is  intended  to  only 
allow  the  absent  person  to  mail  the  aflSdavit  to  the  coimty  auditor  during 
the  period  of  registration,  and  that  it  does  not  permit  one  who  was 
present  in  the  election  precinct  during  the  time  of  taking  the  primary 
registration  but  who  on  account  of  his  own  negligence  or  that  of  his 
assessor  failed  to  be  registered  as  a  partisan,  to  afterwards  and  at  the 
close  of  the  period  of  registration  send  the  affidavit  to  the  county  auditor. 
Yours  very  truly, 

ALFRED  ZUGER, 
Assistant  Attorney  General. 


49. 

June  4,  1914. 
Hon.  Chas.  A.  Verret,  State's  Attorney,  Rolla,  N.  D. 

Dear  Sir: 

Tour  letter  to  the  attorney  general  at  hand  in  which  you  ask,  "can  a 
qualified  voter  who  registered  with  the  assessor  as  belonging  to  a  certain 
political  party  change  such  registration  to  another  political  party  while 
the  registration  lists  are  still  in  the  hands  of  the  county  auditor,  and 
before  they  are  telephoned  to  him  by  the  election  inspectors  by  filing  with 
such  auditor  an  affidavit  to  the  effect  that  such  registration  as  originally 
made,  was  erroneous?" 


350  STATE  OF  NORTH   DAKOTA 

In  my  opinion  he  can  not.     The  1911  registration  law  does  not  pro- 
vide for  such  a  change. 

Yours  very  truly, 

JOHN   CARMODY. 
Asst.  Attorney  General 


50. 


June   17.   1910. 


Mr.  A.  G.  Wilson,  Ellendale,  N.  D. 

Dear  Sir: 

Your  letter  to  the  Attorney  General  has  been  referred  to  me  for 
answer.  You  ask  whether  a  person  who  has  been  overlooked  by  the 
assessor  and,  therefore,  failed  to  register  during  the  months  of  April 
and  May,  although  within  the  assessing  district  during  that  time,  and 
entitled  to  enrollment  at  such  time,  can  go  before  the  county  auditor  or 
before  a  Notary  Public  and  swear  in  his  vote  and  thereby  be  permitted 
to  vote  at  the  primary. 

This  cannot  be  done.  The  statute  does  not  permit  registration  or 
enrollment  by  any  person  other  than  the  assessor  except  certain  persons 
specifically  mentioned  in  the  statute,  to-wit,  those  who  fail  because  of 
sickness  or  absence  from  the  precinct;  those  who  became  twenty-one 
years  of  age  after  the  enrollment  period  may  be  enrolled  by  the  election 
board  on  primary  day. 

I  do  not  wish  to  be  understood  as  intimating  that  if  a  i)erson  fails  to  be 
enrolled  or  to  register  with  the  assessor  during  the  months  of  April  and 
May  he  can  appear  on  primary  day  and  make  an  affidavit,  and  be  entitled 
to  vote  if  his  failure  is  merely  due  to  his  own  negligence.  I  doubt  the 
wisdom  of  a  man  making  a  false  affidavit  for  reasons  which  are  obvious. 
Yours  very  truly, 

FRANCIS  J.  MURPHY, 
Assistant  Attorney  General. 


51. 

May   24.    1916. 
Mr.  J.  N.  Thompson,  Wahpeton.  N.  D. 

I>ear  Sir: 

You  ask  this  office  two  questions : 

1.     Can  a  man  that  has  registered  as  Independent  or  Nonpartisan  vote 
a  party  ballot  on  election  day? 

The  answer  to  this  question   is  "No."     The  purpose  of  a  party  re- 
gistration is  to  enable  a  man  to  participate  in  the  primaries  of  the  party 


OPINIONS  OF  THE  ATTORNEY  GENERAL     v  351 

to  which  he  owes  allegiance,  and  is  for  only  such  people  as  are  identified 
with  some  political  party.  One  who  states  that  he  belongs  to  no  party 
naturally  could  not  participate  in  the  proceedings  of  any  party. 

Your  second  question :  "Can  n  man  change  his  party  registration 
after  the  books  have  been  turned  over  to  the  County  Auditor  by  the 
Assessor,  or  on  the  election  day  before  the  election  bonrds  and  be  per- 
mitted to  vote?" 

The  answer  to  this  question  is  again  "No."  The  statute  makes  no 
provision  for  a  change  of  registration.  On  the  other  hand,  it  seems  to 
prohibit  such  a  change.  I  would  call  your  attention  to  the  last  sentence 
of  Section  919  of  the  1913  Compiled  Laws  which  reads  as  follows.  "The  in- 
spectors and  judges  at  such  primary  elections  shall  require  each  voter  to 
vote  the  party  ballot  under  which  he  has  registered," 

It  may  interest  you   to  know  that  this  was  also  the  ruling  of  this 
office  during  the  incumbency  of  Hon.  Andrew  Miller. 
Yours   truly. 

H.  R.  BITZINCi. 

i  Assistant  Attorney  General. 

52. 
PUBLICITY  PAMPHLET. 

August  26,  1920 
Hon.  Thomas  Hall, 

Secretary  of  State, 

Bismarck,  N.  D. 
l>e;jr   Sir: 

This  is  in  reply  to  your  letter  of  recent  date  directed  to  the  Attorney 
General,  and  which  has  been  referred  to  me  for  attention.  You  ask  as 
to  whether  or  not,  in  our  opinion,  the  Secretary  of  State  would  be  author- 
ized to  insert  statements  of  candidates  and  their  cuts  in  the  pamphlet 
which  will  be  issued  by  said  state  officer,  prior  to  the  general  election 
held  in  November,  under  the  authority  of  Article  26  of  the  amendments  to 
the  Constitution  of  the  State  of  North  Dakota. 

You  are  advised  that  in  the  opinion  of  this  department  there  is  no 
provision  either  in  the  Constitution  or  in  the  statutes  of  the  state,  which 
would  authorize  the  Secretary  of  State  to  accept  for  publication  in  the 
publicity  pamphlet  printed  and  distributed  prior  to  the  general  election 
held  in  November,  statements  and  cuts  of  candidates  for  office.  Section 
924  of  the  Compiled  Laws  of  North  Dakota  for  1913.  refers  only  to  a  pub- 
licity pamphlet  printed  prior  to  the  primary  election,  while  the  pamphlet 
referred  to  in  Article  26  of  the  amendments  to  the  Cnstitution,  does  not 
in  any  w:  y.  m  our  .^pinion,  authorize  th-  pi.:]>i:cf.tion  of  a  staf>men*  of 
candidates  or  their  cuts. 

Yours  very  truly. 

EDW    B.  COX. 
Asst,  Attorney  General. 


352  ^         STATE  OF  NORTH  DAKOTA  : 

i 
53.  I 

CORRUPT   PRACTICE  ACT.  i 

Feb.  14,  1916....   j 
Mr,  Geo.  T.  Murray,  Northwestern  Press  Asso.,  Bismarck,  N.  D.  j 

Dear  Sir-  ■ 

The  Attorney  General  acknowledges  receipt  of  your  letter  of  February^ 
5th  and  has  submitted  the  same  to  me  for  answer.  The  proposition  stated' 
therein  and  the  question  asked  are  as  follows : 

"There  is  a  custom   in  this   state  of  persons   who  are  candidates   for  office  i 

to  go  to  the  makers  of  plate  matter,  pay  them  for  a  write-up  and  picture  of  J 

the  candidate,  then  these  plate  makers  will   send  this  plate  out   to  papers  and  ■ 

also    ready    inside -prints   to   local    papers   which    will    publish   them    without    the  I 

required    mark,    'Political    Paid    Matter.'      While    the    local    papers    get    no    pay  I 
for  the  deal,  yet  the  plate  makers  and  ready  print  people,  as  we  understand  it, 

DO  get  pay  for  it.     Some  of  the  plate  makers  live  outside  of  the   state.  j 

Question,  is  this  evasion  of  the  law  a  violation  of  the  statute  and  does  the  ] 

local   paper    violate    the    statute    or    the    plate    makers    and    ready    print    people  i 

or  both?"  \ 

The  statute  which  controls  the  foregoing  matter.  Section  937  of  the' 
Compiled  Laws  of  1913,  in  so  far  as  the  same  is  material  to  your  in-' 
quiry  reads  as  follows:  t 

"POLITICAL    ADVERTISING    LABELED    PAID.      No    publisher    of     a  ; 

newspaper  or  other  periodical   shall  insert   either  in   its  advertising   or   reading  . 

columns  or  any  paid  matter  which  is  designated  or  intended   to  aid,   injure  or 
defeat  any  political  party  or  organization  or  measure  before  the  people,  unless  • 

it  is   stated  therein   that   is   a   paid  advertisement.  «  ♦  •  •  •  j 

It  is,  therefore,  my  best  judgment  that  the  action  described  in  youri 

letter,  as  above  set  out,  constitutes  an  evasion  and  violation  of  the  fore- 

i 

going  statute.  It  is  quite  clear  that  to  permit  paid  political  matter  of  j 
the  sort  described  in  your  letter  to  be  sent  out  without  the  qualifying] 
label  merely  because  the  same  is  originally  gotten  up  by  plate  makers: 
would  result  in  subterfuge  which  might  easily  lead  to  a  complete  dis-i 
r^ard  of  the  law.  ; 

In  my  judgment,  the  publisher  of  the  local  paper  would  be  the  violator  ;i 
because  the  statute  prohibits  the  publisher  of  a  newspaper  from  making; 
the  insertion  in  question.  ! 


Very  truly  yours. 


FRANCIS  J.  MURPHY, 
Assistant  Attorney  General 


54. 


April   10,   1912. 


Hon.  Alfred  Blaisdell,  Minot,  N.  D.  j 

Dear  Sir:  f 

I  beg  to  acknowledge  receipt  of  your  favor  under  date  of  March  30th,i 
in  which  you  submit  to  me  the  following  question,  and  request  my  opinion' 
thereon :  1 


OPINIONS  OF  THE  ATTORNEY  GENERAL  353 

'Does  section  9,  chapter  129,  Laws  of  1911,  forbid  two  or  more  can- 
didates or  a  set  of  candidates  co-operating  and  circulating  cards  or 
tickets  or  the  so-called  'slate'  order,  with  their  names  and  offices  sought 
thereon,  and  when  such  candidates  are  jointly  contributing  to  the  expenses 
thereof,  either  in  a  direct  or  indirect  manner.  Does  the  statute  forbid 
the  circulating  of  a  printed  ticket  or  'slate*  when  the  candidates  have 
in  any  direct  or  indirect  manner  jointly  contributed  towards  the  expense 
thereof?" 

Section  9,  above  referred  to,  reads  as  follows:  "No  person  shall,  in 
order  to  aid  or  promote  his  nomination  or  election,  directly  or  indirectly 
promise  to  appoint  another  i)erson,  or  to^secure  or  aid  in  securing  the  ap- 
iwintment,  nomination,  or  election  of  another  person,  to  any  public  or 
private  position  or  employment,  or  to  any  position  of  honor,  trust  or 
emolument. 

When  applied  to  the  question  propounded,  this  statute  reads:  "No 
person  shall,  in  order  to  aid  or  promote  his  nomination,  directly  or  in- 
directly, promise  to  secure  or  aid  in  securing  the  nomination  of  another 
person  to  any  public  position." 

It  will  be  noticed  that  the  statute  does  not  prohibit  a  candidate  from 
aiding  another  candidate  in  his  nomination.  The  prohibition  is  that  no 
I)erson  shall,  in  order  to  aid  or  promote  his  own  nomination,  directly  or 
indirectly  promise  to  aid  another  person  in  securing  a  nomination.  In 
order  to  violate  the  statute  there  must  first  be  a  promise,  either  direct  or 
indirect,  by  a  candidate  for  nomination,  to  aid  another  candidate  in  his 
candidacy,  and  second,  that  promise,  direct  or  indirect,  must  be  made  by 
the  candidate  for  the  purpose  of  aiding  or  promoting  his  own  candidacy. 

I  believe  the  purpose  and  object  of  this  statute  is  to  prohibit  candi- 
dates at  a  primary  election  from  banding  together  and  forming  what  is  com- 
monly called  a  "slate"  ticket,  and  co-operating  with  each  other  in  a  joint 
effort  to  bring  about  each  other's  nomination.  Such  contribution  alone 
might  not  constitute  a  direct  or  indirect  promise  on  the  part  of  any  of 
the  candidates  named  on  such  card  or  ticket  to  aid  the  others,  or  be 
made  for  the  purpose  of  aiding  or  promoting  his  own  candidacy,  yet  it 
might,  if  surrounded  by  other  facts  and  circumstances  tending  to  show 
such  promise,  become  an  important  factor  in  determining  whether  such 
person  had  in  fact,  directly  or  indirectly  promised  to  aid  each  other  in 
securing  their  nominations,  thus  violating  the  provisions  of  the  statute 
above  mentioned. 

Therefore,  in  view  of  the  provisions  of  section  19  of  this  act,  which 
provides  that  upon  the  trial  of  any  action  or  proceedings  under  the  pro- 
visions of  this  act  for  the  contesting  of  the  right  of  any  person  declared 
to  be  nominated  to  any  office,  it  shall  appear  that  such  person  was  guilty 
of  any  illegal  act  in  or  about  such  nomination,  he  shall  be  punished  by 
belli jr  deprived  of  the  nomination,  and  the  provisions  of  section  21.  which 


354                     STATE  OF  NORTH  DAKOTA  ^ 

provides   that  whoever  violates   any  provision   of  this   act   shall   on   con-  \ 

viction  thereof  be  punished  by  imprisonment  in  the  county  jail  for  not  \ 

more  than  six  months  or  by  a  fine  of  not  more  than  one  thousand  dollars,  \ 

or  both  such   fine   and   imprisonment,    it   would   be    the   wiser   and   safer  : 
policy  for  candidates  to  refrain  from  such  acts  and  contributions.                  _| 

Very  truly  yours,  \ 


55. 


ANDREW  MILLER. 

Attorney  General. 


M-.y  G,  1912. 


Mr.  H.  N.  Tucker,  Courtenay,  N.  D.  \ 

Dear  Sir:  j 

Replying  to  your  favor  under  date  of  May  3rd  asking  for  my  con-    j 
struetion  of  the  Corrupt  Practices  Act  in  respect  to  the  following  points:    \ 

1.  Can    a    candidate   contribute    money    to    the    LaFollette   campaign    i 
as  expenses?  : 

2.  Can  the  candidate  subscribe  money  to  the  league  and  the  league   i 
conduct  the  campaign?  ! 

3.  Can  two  or  more  candidates  canvass  the  state  in  an  automobile    - 
and  pro  rate  the  expenses? 

4.  Can  I  solicit  funds  for  this  campaign  from  the  county  league? 

s 

5.  How  can  I  raise  funds?  ' 

I  will  answer  in  the  order  of  your  various  questions.  ; 

As  to  the  first,  I  am  of  the  opinion  that  a  candidate  may  not  law- 
fully make  such  contributions. 

And  to  the  second  answer,  no.  ^ 

As  to  the  third,  the  law  does  not  prohibit  two  or  more  candidates  * 
from  canvassing  the  state  together  in  an  automobile  and  pro  rating  the  "< 
expenses,  but  the  law  does  prohibit  one  candidate  from  either  directly  | 
or  indirectly  promising  to  aid  another  candidate  for  the  purpose  of  pro-  v 
•moting  his  own  candidacy,  and  the  question  as  to  whether  or  not  a  par-  J 
ticular  candidate  for  the  purpose  of  promoting  his  own  candidacy  di-  3 
rectly  or  indirectly  promised  to  aid  another  candidate  is  a  question  of  fact,  \ 
and  the  fact  that  two  or  more  candidates  were  traveling  together  and  pro  rat-  ; 
ing  the  expenses  might  become  a  material  fact  if  connected  and  surrounded  ;; 
by  other  facts  and  conditions  in  determining  whether  or  not  the  candi- 
date in  fact  had  indirectly  and  for  the  purpose  of  aiding  his  own  candi- 


OPINIONS  OF  THE  ATTORNEY  GENERAL  3SS 

dacy  promised  to  aid  another  candidate.     It  is  my  judgment  that  it  is 
the  wisest  policy  for  candidates  to  refrain  from  so  doing. 

Answering  No.  4,  it  is  my  opinion  that  you  may  solicit  funds  for  this 
coming  primary  campaign  from  county  leagues. 

In  answer  to  No.  5,  you  may  raise  funds  in  any  manner  heretofore 
lawful,  except  contributions  from  candidates  for  office  or  office  holders, 
and  corporations,  trustees  and  officers  thereof  as  such.  See  sections  10 
and  11,  chapter  129,  Laws  of  1911. 

Yours  very  truly, 

ANDREW  MILLER, 
1^  Attorney   General. 

^m 

W^  May   16.  1912. 

'^'Mr.  H.  R.  Young,  Emerson.  N.  D. 

I  beg  to  acknowledge  receipt  of  your  favor  under  date  of  May  15  in 
which  you  request  my  opinion  as  to  whether  or  not  the  corrupt  practices 
act  prohibits  a  publisher  of  a  newspaper  from  printing  the  names  of  the 
candidates  for  public  office  which  the  publisher  desires  to  support,  in  the 
form  of  a  ticket,  either  before  or  after  the  primaries. 

Answering  your  query  I  may  say  that  it  is  my  opinion  that  the  prmt- 
ing  of  such  a  ticket  is  not  violation  of  the  corrupt  practices  act. 

Yours  very  truly, 

ANDREW  MILLER. 

Attorney  General. 


57. 

June  20,  1912. 
Mr.  John  Ihle.  Granville,  N.  D. 
Dear  Sir: 

We  have  your  letter  of  June  7th,  in  which  you  ask  if  it  would  be 
against  the  law  styled  the  "corrupt  practice  act,"  to  take  women  to  the 
polling  places  on  election  day.  You  further  say  that  no  compensation 
would  be  paid  by  anyone  to  the  man  who  would  do  the  driving. 

If  a  person  without  compensation  and  not  being  a  candidate  for  of- 
fice himself,  wishes  to  take  ladies  or  other  voters  to  the  polls  in  his 
conveyance,  I  can  see  no  objection  to  it.  I  do  not  believe  the  law  pre- 
vents one  person  from  hauling  another  to  the  polls,  so  long  as  he  does 

not  charge  anything  for  it. 

Very  truly  yours, 

ALFRED  ZUGER, 
Assistant  Attorney  General. 


59. 

October  17,  1912. 
Mr.  Nels  O.  Lindass,  County  Auditor,  Hillsboro,  North  Dakota. 

Dear  Sir: 

We  are  in  receipt  of  your  favor  requesting  a  construction  of  Sec- 
tions 7  and  17  of  Chapter  129,  of  the  Laws  of  1911  in  regard  to  the 
filing  of  statements  of  expenses  by  nominees. 

In  my  opinion  if  the  candidates  file  such  statement  suflBciently  early 
in  order  to  enable  the  auditor  to  place  his  name  upon  the  ballot,  the 
auditor  would  have  no  authority  to  reject  his  name.  The  fine  provided 
in  Section  7  of  this  act  could,  in  my  opinion,  be  imposed  only  by  a 
court  of  competent  jurisdiction  in  a  proceeding  brought  in  the  name  of 
the  state,  and  it  is  no  part  of  the  auditor's  duty  to  collect  such  fine. 

Very  truly  yours, 

W.  P.  COSTELLO, 
Assistant  Attorney  General. 


September  26,  1912. 
Hon.  P.  D.  Norton,  Secretary  of  State,  Bismarck,  N.  D. 

Dear  Sir: 

I  am  in  receipt  of  your  favor  of  September  23d  enclosing  letters  re- 
received  from  Hon.  C.  A.  Pollock,  and  requesting  my  opinion  as  to  whether 
the  name  of  Mr.  Welland,  who  received  two  votes  in  the  primary  election 
for  the  oflace  of  judge,  should  be  placed  upon  the  judiciary  ballot  to 
be  voted  upon  at  the  general  election. 


356                   STATE  OF  NORTH  DAKOTA  : 

i 

58.  I 

June  22,  1912.  j 

Mr.  F.  R.  Barnes,  Superintendent  of  Schools,  Wahpeton,  N.  D.  j 

Dear  Sir:  | 

A 

We  have  your  favor  of  the  20th  inst,  in  which  you   ask  whether  \ 

in  our  opinion  chapter  129  of  the  Laws  of  1911,  and  especially  section  ] 

16  thereof,  being  the  corrupt  practices  act,  governs  school  elections  as 

well  as  general  elections,  and  you  also  ask  if  this  act  governs  primary  -., 

elections.     You  ask  also  whether  sections  12  of  this  act  would  hold  in  j 

school  elections!  J 

Sections  12  and  16  of  the  corrupt  practices  act  apply  to  all  elections.  1 

Very  truly  yours,  : 
ALFRED  ZUGER, 

Assistant  Attorney  General.  i 


OPINIONS  OF  THE  ATTORNEY  GENERAL  357 

Section  17,  of  chapter  129,  Laws,  of  1911,  provides  that  the  name  of 
the  candidate  chosen  at  a  primary  election  shall  not  be  printed  on  the 
official  ballot  for  the  ensuing  election  unless  such  candidate  has  filed 
his  expense  account  as  required  by  the  act.  Mr,  Welland  having  failed 
to  comply  with  the  provisions  of  this  section  is  not  entitled  to  have  his 
name  placed  on  the  ballot. 

Yours  very  truly, 

ANDREW  MILLER, 
Attorney  General. 


61. 

October   12.   1912. 

Hon.  L.  B.  Hanna,  Fargo,  North  Dakota. 

Dear  Sir : 

I  beg  to  acknowledge  receipt  of  your  favor  under  date  of  October 
10th,  in  which  you  request  an  opinion  from  me  on  the  following  points: 

1.  What  is  the  amount  of  money  that  I  can  expend,  under  the  law, 
in  my  campaign  for  election  as  governor? 

2.  Can  my  brother  or  any  friend  like  that  spend  any  money  for 
me  in  the  distribution  of  campaign  literature  or  in  paying  for  printing 
things  of  that  kind? 

Chapter  129,  Laws  of  1911,  entitled  An  Act  to  Secure  the  Purity  of 
the  Election,  etc.,  is  somewhat  complicated  and  vague,  but  after  carefully 
reading  the  same,  I  come  to  the  conclusion,  that  you  can  lawfully  expend 
in  your  campaign  for  governor  only  an  amount  equal  to  fifteen  per  cent, 
of  the  annual  salary  of  the  office  for  which  you  have  been  nominated, 
and  such  further  sums  as  you  may  expend  or  incur  in  your  personal  ex- 
penses during  the  campaign. 

Answering  question  No.  2,  Section  11  of  said  act  prohibits  any  cor- 
poration, trustee,  or  officer  thereof,  as  such,  from  paying  or  contributing 
any  sums  of  money  in  order  to  aid,  promote  or  prevent  the  election  of 
any  person.  Except  as  above  prohibited.  I  do  not  find  in  the  law  any 
provision  that  would  prevent  any  private  person  who  desires  to  aid  or 
promote  your  election  from  expending  money  in  the  manner  you  suggest 
in  your  behalf,  always,  of  course,  supposing  that  you  do  not  furnish 
the  money. 

I  have  the  honor  to  be. 

Tours  very  truly, 

ANDREW  MILLER, 
Attorney  General. 


358  STATE  OF  NORTH  DAKOTA 

62. 

July  30,  1912. 
Mr.  C.  W.  Buttz,  Assistant  State's  Attorney,  Minnewaukan,  N.  D. 
Dear  Sir: 

We  are  in  receipt  of  your  favor  of  July  29tli,  inquiring  as  to  our  con- 
struction of  the  corrupt  practices  act  "with  reference  to  the  legality  ol 
the  distribution  of  blotters  bearing  political  advertising  matter. 

Section  13,  chapter  129,  of  the  Laws  of  1911,  prohibits  the  giving  oi 
promising  to  give  of  any  money  or  valuable  thing  to  an  elector,  with  the 
intent  to  induce  him  to  vote  or  refrain  from  voting  for  any  candidate 
for  public  oflSce. 

We  are  informed  that  the  Attorney  General  of  Minnesota  has  held 
under  their  corrupt  practices  act  that  the  distribution  of  advertising 
blotters  is  illegal,  but  as  we  have  been  unable  to  obtain  a  copy  of  the 
Minnesota  law  we  are  not  clear  that  their  law  is  similar  to  ours,  although 
it  is  generally  understood  that  the  laws  in  the  two  states  are  the  same. 
This  office  has  not  issued  any  opinion  holding  that  the  distribution  of 
blotters  is  illegal. 

In  my  opinion  it  would  be  an  extremely  strained  and  hypercritical 
construction  of  this  law  to  hold  that  the  promiscuous  distribution,  by  a 
candidate,  of  blotters  bearing  his  political  advertisement,  would  be  the 
giving  of  "a  valuable  thing  to  an  elector  with  the  intent  to  induce  him 
to  vote"  for  such  candidate.  It  is  clear  that  the  purpose  of  the  act  is 
to  prevent  and  punish  bribery,  and  the  undue  use  of  money  for  elec- 
tion purposes ;  but  I  believe  that  it  is  equally  clear  that  it  was  not  the 
intent  of  the  act  to  prevent  the  candidates  from  using  every  reasonable 
means  of  placing  and  keeping  their  names  before  the  public;  and  that 
the  distribution  of  blotters  by  candidates  is  merely  a  form  of  adver- 
tising. 

It  is  possible  that  a  blotter  may  properly  be  considered  of  some 
intrinsic  value,  but  it  is  a  matter  of  common  knowledge  in  this  and 
every  other  state,  that  blotters  are  usually  distributed  without  cost  by 
insurance  companies,  and  other  persons  and  corporations  desiring  to  ad- 
vertise their  business.  To  hold  under  this  section  that  the  distribution 
of  blotters  is  the  giving  of  a  valuable  thing,  we  would  also  be  required 
to  hold  that  the  distribution  of  cards  and  letters  and  other  advertising 
matter  would  come  within  the  law,  for,  although  a  letter  or  card  may 
be  of  no  use  or  value,  to  the  person  receiving  it,  the  thing  itself  is 
of  some  value,  in  the  same  sense  that  a  blotter  is  of  value. 

I  am  clear  that  it  was  not  the  intention  of  the  legislature  to  prohibit 
practices  of  this  kind. 

Very  truly  yours, 

W.  P.  COSTELLO, 
Assistant  Attorney  General. 


OPINIONS  OF  THE  ATTORNEY  GENERAL  359 


63. 

February  20,  1914. 
Hon.  Wm.  Langer,  Mandaii,  N,  D. 

Dear  Sir: 

The  attorney  general  has  your  favor  of  the  3d  inst.,  in  which  you 
request  his  opinion  on  the  following  five  questions: 

1.  "Is  it  contrary  to  the  provisions  of  the  corrupt  practices  act  to 
solicit  funds  from  individuals  to  assist  in  the  campaign?" 

2.  "Is  it  contrary  to  the  provisions  of  the  corrupt  practices  act  to 
solicit  such  funds  from  private,  public  or  municipal  corporations,  inclusive 
of  the  case  of  a  speaker  asking  a  municipal  corporation  for  the  use  of 
a  hall  free  of  charge?" 

3.  "Is  it  contrary  to  the  provisions  of  the  corrupt  practices  act  to 
permit  friends  of  such  candidates  to  use  their  automobiles  to  get  the 
voters  to  the  polls?" 

4.  'Is  it  contrary  to  the  provisions  of  the  corrupt  practices  act  to 
solicit  campaign  contributions  from  candidates  for  either  county,  city  or 
state  office?" 

~).  "Is  it  contrary  to  the  provisions  of  the  corrnpt  practices  act  to 
have  a  candidate  for  office  contribute  more  than  fifteen  per  cent  of  one 
years  salcry.  provided  part  of  the  contribution  is  ^oward  paying  old 
debts  and  is  not  used  in  the  campaign?" 

Answering  your  first  question,  in  my  opinion  it  is  not  contrary  to 
the  provisions  of  the  corrupt  practices  act  to  solicit  funds  from  individuals 
to  assist  in  the  campaign.  I  think  such  contributions,  if  made  by  in- 
dividuals who  are  not  candidates,  may  be  made  in  any  amount  and  to 
any  political  party  or  committee  without  transgressing  any  law. 

Answering  your  second  question,  I  am  of  the  opinion  that  the  corpor- 
ation  or  corporations  referred  to  in  section  1,  chapter  58  of  the  Laws  of 
1907,  and  section  11,  chapter  129  of  the  laws  of  1911,  are  private  or 
business  corporations.  Public  or  municipal  corporations  are  not  named, 
and  this  being  a  criminal  statute,  I  think  are  not  embraced  within  its 
terms.  However.  I  would  not  advise  the  soliciting  of  funds  from  any 
corporation  either  public  or  private,  and  if  municipal  halls  are  to  be 
used  by  speakers,  it  would  be  better  to  pay  for  the  same.  I  do  not  think, 
however,  that  allowing  a  hall  to  be  used  for  a  public  gathering  free  of 
charge,  whether  it  be  for  a  political  meeting  or  otherwise,  is  expressly 
prohibited   by  law. 

In  answer  to  your  third  question,  it  is  my  opinion  that  friends  of 
candidates  may  use  their  vehicles  to  take  voters  to  the  polls,  but  not  for 


360  STATE  OF  NORTH  DAKOTA 

pay  or  compensation,  and  providing  they  do  not  commit  the  offense  of 
electioneering,  as  defined  by  section  16  of  chapter  129  of  the  Laws  of 
1911. 

Your  fourth  question  is,  I  think,  answered  by  chapter  157  of  the  Laws 
of  1913  and  section  6  of  chapter  129  of  the  Laws  of  1911.  Candidates 
may  contribute  a  sum  not  in  excess  of  fifteen  per  cent  of  the  annual  salary 
of  the  office  to  which  they  aspire,  and  no  candidate  shall  be  restricted 
to  less  than  $200.00. 

Your  last  question  is  difficult.  It  seems  to  me  that  whether  a  can- 
didate may  contribute  more  than  fifteen  per  cent  of  one  year's  salary  de- 
pends upon  the  intent,  facts  and  circumstances  under  which  the  money 
is  paid.  You  do  not  state  in  your  letter  the  character  of  old  debts,  or 
to  whom  they  are  to  be  paid,  but  assuming  that  it  is  to  a  present  com- 
mittee or  organization,  I  am  afraid  that  candidates  would  be  violating 
the  corrupt  practices  act  if  the  total  amount  which  they  might  contri- 
bute for  the  campaign  both  to  the  payment  -of  so-called  old  debts  and 
contributions  of  1911.  I  said  for  the  campaign,  and  mean  by  that  if  it 
is  used  to  keep  an  organization  intact  so  that  it  may  be  effective  for  the 
present  and  future.  I  can  see  no  objection  to  candidates  or  anybody  else 
paying  old  obligations  which  have  no  connection  with  and  can  have  no 
effect  on  the  campaign  in  which  they  are  about  to  embark  or  have  em- 
barked or  to  support  committees  or  organizations  at  present  supporting 
their  candidacy. 

Yours  truly. 

ALFRED  ZUGER., 
Assistant  Attorney  General. 


64.  I 

September  23.  1916.  \ 

Mr.  Oscar  Moen,  County  Auditor,  Lakota,  N.  D.  : 
Dear  Sir: 

In  your  letter  of  the  21st  you  ask  for  the  opinion'  of  this  office  con-  j 

struing  section  940  of  the  1913  Compiled  Laws,  if  any  successful  candi-  \ 
date  in  the  Primary  Election  fails  to  file  with  you  a   statement  of  his 

expenses  incurred  at  the  Primary  he  is  entitled  to  have  his  name  appear  i 

upon   the  ballot  at   the  general  election.     I   construe   this   statute   to   be  \ 

mandatory  so  far  as  your  office  is  concerned,  except  that  should  the  state-  | 

ment  be  filed  within  a  reasonable  time  prior  to  the  time  that  you  trans-  i 

mit  a  copy  of  the  general  election  ballot  to  the  printer,  you  should  place  ■ 
such  name  upon  the  ballot. 

If,  however,  the  statement  is  furnished  after  the  copy  has  been  made  ' 

up  and  transmitted  to  the  printer,  you  are  not  compelled,  as  a  matter  of  , 

law,  to  place  the  name  upon  the  ballot.  '. 

Very  truly  yours,  i 

HENRY  J.  LINDE,  j 

Attorney  General.  [ 


OPINIONS  OF  THE  ATTORNEY  GENERAL  361 

OFFICIAL  NEWSPAPER. 

July  21,  1920. 

Hon.  Thomas  Hall, 

Secretary  of  Stat^, 

Bismarck,  N.  D.  t 

Dear  Sir: 

The  Attorney  General  has  asked  me  to  reply  to  your  letter  of  recent 
date  in  which  you  inquire  upon  which  ballot  the  County  Auditor  shall 
place  the  names  of  the  newspapers  which  are  candidates  for  the  designa- 
tion as  official  county  newspapers. 

Chapter  187  of  the  Session  Laws  of  North  Dakota  for  1919  provides 
that  the  names  of  all  newspapers  which  are  candidates  for  such  designa- 
tion shall  be  placed  upon  the  general  official  ballot  at  the  bottom  of  the 
first  columr,  on  the  left  hand  side.  The  language  of  the  statute  is 
not  as  definite  as  to  this  point  as  might  be  desirable,  but  taking  into 
consideration  the  general  understanding  with  respect  to  the  words  "gen- 
eral official  ballot,"  this  department  is  of  the  opinion  that  the  ballot  re- 
ferred to  is  the  party  ballot  upon  which  the  names  of  the  Governor  and 
other  party  nominees  appear,  rather  than  the  so  called  nonpartisan 
ballot. 

Very  truly  yours. 

EDW.  B.  COX, 
Assistant  Attorney  General. 


66. 
PRECINCTS. 


April  13,  1910. 
Mr.  E.  E.  Cassels,  State's  Attorney,  Ellendale,  N.  D. 

Dear  Sir: 

Your  f:ivor  of  April  11th  at  hand.  I  do  not  think  that  the  incorpor- 
ation of  a  village  creates  of  itself  a  separate  voting  precinct  for  general 
election  purposes.     Of  course,  as  to  village  elections  it  does. 

Section  607  of  the  Revised  Codes  provides  that  the  county  commis- 
sioners should  divide  the  county  into  election  precincts  and  establish  the 
boundaries  of  the  same.  This  statute  further  provides  that  the  entirety 
of  civil  townships,  cities  or  villages  as  voting  precincts  shall  be  pre- 
served when  possible,  except  when  such  preservation  would  conflict  with 
the  provisions  thereof. 

You  did  not  state  in  your  letter  whether  the  village  referred  to  was 
incorporated  since  the  last  election  or  whether  it  was  ever  designated  as 
a  precinct  by  the  county  commissioners. 


362  STATE  OF  NORTH  DAKOTA 

I  call  your  attention  to  the  last  proviso  of  section  607,  which  reads, 

"that  when  the  combined  vote  of  any  township 

and  incorporated  city,  town  or  village,  or  the  combined  vote  of  any  town- 
ship and  any  portion  of  any  incorporated  city,  town  or  village,  within 
its  boundaries  or  within  the  town  lines  or  section  lines  which  form  the 
boundaries  thereof,  does  not  exceed  three  hundred,  such  township  and 
incorporated  city,  or  village,  may  have  but  one  voting  place. 

If  your  village  and  the  township  in  which  it  lies  has  not  to  exceed 
300  electors,  the  county  commissioners  may  designate  one  voting  pre- 
cinct for  both. 

Yours  very  truly, 

ALFRED  ZUGER, 
Assistant  Attorney  General. 


67. 

June  22,  1012. 
Mr.  W.  W.  Felson,  County  Auditor.  Cavalier,  North  Dakota. 
Dear  Sir: 

We  have  your  favor  of  the  20th  inst.,  in  which  you  say :  "Is  the 
following  city  required  to  have  three  polling  places  instead  of  one : — 
(For  June  primaries  or  general  election.)  City  with  three  wards;  alder- 
man elected  in  each  ward ;  has  less  than  one  hundred  voters ;  city  coun- 
cil has  never  adopted  an  ordinance  consolidating  the  three  wards  into 
one  voting  precinct." 

Chapter  65  of  the  Laws  of  1011  answers  your  question.     That  part 

of  it  which  reads  as  follows  is  directly  in  point :     "Or  if  the  city  council  ! 

so  elects,   in  any  city  of  less   than  four  hundred  voters,   as   determined  j 

by  the  last  annual  election,  the  council  may  by  ordinance  consolidate  all  : 

wards  of  such  city  into  one  precinct  for  voting  purposes?"     So  I  think  J 

there   is  no  question  but  what  your   city   can   hold   city  election  in   one  ! 

place  when  electing  aldermen,  but  you  must  keep  separate  ballot  boxes  j 

and  poll  books  for  each  ward.  j 

Very  truly  yours,  ^ 
ALFRED  ZUGER, 
Assistant  Attornev  General. 


68.  : 

JUDGES  OF  ELECTION. 

June  8,  1912. 

Mr.  Arthur  B,  Atkins,  Napoleon.  North  Dakota.  • 

Dear  Sir:  | 

We  have  your  favor  in  which  you  desire  an  opinion  as  to  whethei  ; 

it  will  be  proper  for  the  democratic  committee,  in  appointing  their  judges  i 

of  election,   to  appoint  men   who  are  registered  as  republicans,  and  you  I 


OPINIONS  OF  THE  ATTORNEY  GENERAL  363 

say  that  in  some  precincts  you  have  no  democrats,  and  in  others  wish 
to  select  other  men. 

I  am  of  the  opinion  that  this  cannot  be  done.  Section  608,  of  the 
Revised  Codes  of  1905,  is  applicable  to  the  June  primary  election.  See 
Section  17,  chapter  109,  of  the  Laws  of  1907.  Section  608  provides  that 
the  judges  of  election  shall  be  members  of  the  different  political  parties, 
and  of  the  parties  which  cast  the  highest  number  of  votes  at  the  pre- 
ceding general  election.  It  also  provides  that  if  it  is  made  to  appear  at 
any  time  before  an  election,  by  aflBdavit  of  two  or  more  qualified  elec- 
tors, that  either  of  the  judges  is  disqualified,  he  shall  at  once  be  removed, 
and  the  place  filled  with  a  qualified  person  of  the  same  political  party. 
So  it  would  seem  that  a  republican  could  not  be  appointed  a  democratic 
judge  of  election.  Under  the  primary  election  law,  one  who  is  regis- 
tered as  a  republican  is  prima  facie,  at  least,  a  republican. 

Very  truly  yours, 

ALFRED  ZUGER, 
Assistant  Attorney  General. 


I 

69. 
FORM  OF  BALLOT. 

September  26,  1912. 
Hon.   P.  D.  Norton,  Secretary  of  State,  Bismarck,  N.  D. 
Dear  Sir : 

I  am  in  receipt  of  your  favor  of  the  23d  inst.,  requesting  an  opinion 
on  the  following  propositions : 

First:  "If  there  should  be  two  or  more  candidates  for  any  state 
or  county  office  made  by  individual  nominations,  should  the  name  of 
each  of  these  candidates  be  placed  in  separate  columns,  opposite  the 
name  of  the  office  for  which  they  might  be  candidates,  or  should  all 
their  names  be  placed  in  one  column  under  the  heading  "Individual  Nom- 
inations." and  opposite  the  name  of  the  office  for  which  they  are  can 
didates?" 

Second:  "What  national  parties,  other  than  the  Republican  and 
Democratic  parties,  are  entitled  to  have  the  names  of  their  presidential 
electors  placed  on  the  ballot  under  a  party  heading?" 

Answering  your  first  inquiry,  in  my  opinion  where  there  are  two 
or  more  candidates  whose  nominations  have  been  made  as  individual 
nominations,  their  names  should  be  placed  in  one  column  under  the  head- 
ing "Individual  Nominations." 

In  regard  to  your  second  question,  in  my  opinion  there  are  no  national 
other  than  the  Republican  and  Democratic  parties  that  are  entitled  to 
have  the  names  of  their  presidential  electors  placed  under  a  party  head- 
ing on  the  ballot  to  be  used  at  the  general  election  on  November  5th, 
1912.  Yours  very  truly, 

W.  P.  COSTELLO, 
Assistant  Attorney  General. 


364  STATE  OF  NORTH  DAKOTA 


70. 

October  15,  1920. 
Hon.  Thomas  Hall, 

Secretary  of  State, 

Bismark,  N.  D. 

Dear  Sir: 

You  advise  that  the  question  has  arisen  as  to  the  number  of  col- 
umns which  should  appear  on  the  general  ballot  to  be  submitted  to  the 
electors  at  the  general  election  to  be  held  on  November  2nd  of  this 
year. 

At  the  present  time  there  are  tv^^o  political  parties  entitled  to  recog- 
nition as  such  upon  the  general  ballot.  These  are  the  Republican  and 
Democratic  parties.  No  other  party  cast  a  sufficient  number  of  votes  at 
the  last  general  election  in  this  state  to  maintain  its  identity.  It  must 
therefor  follow,  under  our  statute,  that  only  the  Republican  and  Demo- 
cratic parties  are  entitled  to  party  columns  on  the  general  ballot. 

There  are  two  ways,  under  existing  statutes,  in  which  candidates 
may  have  their  names  printed  upon  the  general  ballot,  one  is  through 
party  nomination,  and  the  other  is  by  means  of  a  petition  for  an  in- 
dividual nomination,  the  latter  method  being  provided  for  in  Section  501 
of  the  Revised  Code  of  1899,  which  section  was  held  to  be  in  fun  force 
and  effect  by  the  Supreme  Court  of  this  State  in  a  decision  rendered 
some  years  ago. 

The  records  in  your  office  show  that  nominating  petitions  have  been 
filed  designating  five  presidential  electors  representing  the  national  can- 
didate of  the  Socialist  party  for  the  presidency  of  the  United  States,  In 
view  of  the  fact  that  the  Socialist  party  has  lost  its  identity  in  the  State 
of  North  Dakota,  unquestionably  the  names  of  such  candidates  for  pres- 
idential electors  should  be  placed  in  the  column  set  aside  and  designated 
"Individual  Nominations."  Your  records  further  show  that  nominating 
petitions  have  been  filed,  under  the  provisions  of  said  Section  501.  on 
behalf  of  one  candidate  for  each  of  several  state  offices.  These  candi- 
dates are  likewise  individual  nominees  by  petition  and  are  entitled  to 
have  their  names  printed  upon  the  ballot  as  independent  candidates  in 
the  column  provided  for  that  purpose. 

The  foregoing  constitutes  the  facts  as  they  have  been  presented  to 
this  dep^ment  and,  under  such  conditions,  we  are  firmly  of  the  opinion 
that  a  tWee  column  general  bnllot  for  the  forthcoming  general  election 
meets  all  the  statutory  requirements.  To  hold  otherwise  would  make  it 
possible  for  each  independent  candidate  for  office  to  demand  and  be  en- 
titled to  a  column  on  the  general  election  b:illot  dedicated  to  him  alone. 
This  would  be  a  preposterous  and  absurd  condition  of  affairs  and  one  to 
which  we  are  not  willing  to  lend  our  sanction. 


OPINIONS  OF  THE  ATTORNEY  GENERAL  365 

I  am  further  advised  that  you,  as  Secretary  of  State,  have  r^led  that 
under  existing  statutes  each  independent  nominee  is  entitled  to  designate 
in  no  more  than  five  words,  the  party  or  principal  for  which  he  stands. 
In  this  interpretation  of  the  statute,  this  department  is  in  full  accord. 

Yours  very  truly, 
WILLIAM  LANGEB, 
Attorney  General. 


71. 
ELECTION  SUPPLIES. 

Mr.  Oscar  Moen,  County  Auditor,  Lakota,  N.  D. 
Dear  Sir: 


Feb.  19,  1016. 


You  write  this  .office  asking  as  to  the  authority  of  the  County  Auditor 
to  contract  for  election  supplies  and  inquire  whether  or  not  it  is  the 
duty  of  the  county  auditor  to  let  the  contract  for  such  supplies  or  if 
the  board  of  county  commissioners  alone  have  the  power  to  make  such 
contract. 

I  have  examined  the  statute  with  reference  to  this  question  and  I 
am  satisfied  that  it  is  the  duty  of  the  county  auditor  to  let  such  con- 
tract. 

Section  964  of  the  Compiled  Laws  of  1913  provides  that  the  auditor  of 
each  county  shall  provide  the  ballots  for  the  elections  and  that  he  shall 
also  distribute  to  the  various  election  precincts  the  necessary  blank 
forms  of  poll  books  and  blanks  for  election  returns  and  other  forms 
and  certificates  necessary  to  carry  out  the  provisions  of  law  with  refer- 
ence to  elections. 

Section  966  provides  that  the  county  auditor  shall  have  printed  cards 
containing  full  instructions  to  electors. 

Section  967  provides  that  the  county  auditor  shall  furnish  and  pro- 
vide uniform  poll  books,  etc. 

Section  968  provides  that  the  county  auditor  shall  furnish  and  pro- 
vide suitable  ballot  boxes  for  each  election  precinct. 

Section  1003  provides  that  the  county  auditor  shall  provide  absent 
voter  ballots. 

Section  1103  states  that  the  county  auditor  shall  provide  the  necessary 
blanks  for  registration. 

The  above  mentioned  sections  all  provide  that  the  county  auditor 
shall  furnish  the  necessary  blanks  therein  mentioned  to  be  used  at  elec- 
tions. 


366  STATE  OF  NORTH  DAKOTA 


The  fact  that  section  968  is  the  only  one  that  does  not  do  so  and 
specifieally  mentions  that  the  supplies  in  said  section  enumerated  shall  be 
furnished  by  the  county  commissioners  is  conclusive  proof,  to  my  mind, 
that  the  legislature  intended  that  all  other  election  supplies  should  be 
provided  by  the  county  auditor.  The  word  "provide"  as  used  in  those 
sections,  I  am  satisfied,  means  that  the  county  auditor  shall  have  the 
power  to  enter  into  contract  for  such  supplies  and  is  the  only  officer 
who  can  bind  the  county  and  who  is  authorized  by  law  to  purchase  such 
supplies  for  the  county. 

I  also  discovered  in  looking  up  this  question  that  on  April  25,  1912, 
Hon.  C,  L.  Young,  then  Assistant  Attorney  General,  held  in  an  At- 
torney General's  opinion  that  the  securing  of  election  supplies  was  left 
by  law  to  the  county  auditor. 

Yours  truly, 

H.  R.  BITZING, 
Assistant  Attorney  General. 


72. 
INDIVIDUAL  NOMINATIONS. 

June  12,  1917. 
Honorable  Thomas  Hall,  Secretary  of  State, 

Bismarck,  North  Dakota. 
Dear  Sir: 

I  have  your  request  for  an  opinion  as  to  whether  or  not  you  should 
accept  the  petition  of  H.  H.  Aaker,  candidate  for  Congress  in  the  First 
District,  in  as  much  as  his  petition  as  filed  contains  only  160  signatures. 
Your  request  further  states  that  petitions  bearing  more  than  160  signa- 
tures were  mailed  at  Fargo  June  11th.  Upon  taking  the  matter  up  with 
Mr.  Aaker  by  telephone  I  am  informed  that  the  letter  with  the  petitions 
bearing  160  names  were  mailed  at  Fargo,  June  10th.  Owing  to  the  fact 
that  this  was  Sunday,  they  were  not  sent  out  from  Fargo  until  June 
11th.  The  election  law  specifically  provides  that  certificates  of  nomin- 
ation may  be  filed  with  the  Secretary  of  State  not  less  than  thirty  days 
before  the  day  fixed  by  law  for  the  election  of  persons  in  nomination. 
Such  certificates  of  nomination  may  be  sent  by  registered  mail  deposited 
in  the  postoffice  on  or  before  the  last  day.  In  as  much  as  the  last 
day  in  this  case  came  on  Sunday  I  believe  you  should  accept  the  peti- 
tions, even  though  they  were  sent  on  Monday,  but  in  as  much  as  Mr. 
Aaker  specifically  states  that  they  were  really  mailed  on  Sunday  which 
was  on  the  10th,  it  does  not  become  necessary  to  decide  as  to  whether 
or  not  you  should  accept  them  had  they  been  mailed  on  Monday.  The 
thirty  days  is  determined  by  counting  the  last  day  but  not  the  first  day. 

Very  truly  yours, 

WILLIAM  LANGER, 
Attorney  General. 


OPINIONS  OF  THE  ATTORNEY  GENERAL  367 

73. 

October  23.  1912. 

Mr.  Walter  F.  Kelley,  County  Auditor,  Hettinger,  N.  D. 

Dear  Sir: 

We  have  your  letter  of  the  21st  inst.,  asking  if  a  certificate  or  peti- 
tion for  the  placing  of  the  name  of  a  candidate  upon  the  ballot  as  an 
individual  nominee  is  sufficient  which  does  not  give  the  postoffice  ad- 
dress of  the  signers,  but  gives  the  township,  range  and  section  number 
on  which  they  reside. 

Section  501,  Revised  Codes  of  1899,  the  statute  under  which  nomina- 
tions are  permitted,  requires  that  each  elector  signing  a  certificate  shall 
add  to  his  name  his  postoffice  address.  Whether  a  petition  signed  by 
electors  who  do  not  indicate  their  postoffice  addresses  is  valid  has  never 
been  determined  by  our  supreme  court.  The  question  was  passed  upon 
by  the  supreme  court  of  South  Dakota  in  Harris  vs.  King,  21  S.  D.  47, 
109  N.  W.  614.  There  the  statute  required  that  each  elector  signing  a 
certificate  should  add  to  his  signature,  his  place  of  residence,  business 
and  postoffice  address.  A  part  of  the  electors  signing  the  petition  there 
in  question  had  not  indicated  their  postoffice  addresses.  In  passing  upon 
the  question,  the  court  said : 

"It  will  readily  be  conceded  that  nominations  should  not  be  made 
by  persons  who  are  not  resident  electors  of  the  district  or  political  division 
in  and  for  which  the  officer  is  to  be  elected.  It  would  be  absurd  to 
contend  that  a  person  might  file  a  paper  containing  the  required  recitals 
and  number  of  names  without  the  consent  of  any  elector  residing  within 
the  district,  and  the  county  auditor  would  be  compelled  to  recognize  such 
paper  as  a  valid  certificate  of  nomination.  To  guard  against  such  an 
imposition  the  statute  requires  that  each  elector  joining  the  nomination 
shall  sign  his  own  name,  adding  thereto  his  place  of  residence,  his  bus- 
iness and  his  postoffice  address.  This  is  the  method  provided  for  deter- 
mining whether  or  not  the  candidate  has  been  named  by  the  requisite 
number  of  electors  residing  within  the  district.  It  affords  the  only  means 
of  ascertaining  from  an  inspection  of  the  certificate  whether  or  not  it  is 
genuine.  The  reason  for  requiring  the  elector's  residence,  business  and 
postoffice  address  to  be  stated  in  his  own  handwriting  is  apparent.  If 
one  of  these  matters  may  be  disregarded,  all  may  be,  and  a  typewritten 
certificate  which  in  fact  represents  the  will  of  but  one  person  would  be 
effectual  to  secure  the  printing  of  a  candidate's  name  on  the  official  bal- 
lots. This  court  cannot  say  that  the  residence  of  the  signer  is  less  or 
more  important  than  his  signature,  his  business  or  his  postoffice  ad- 
dress, because  the  legislature  has  put  each  uiwn  the  same  footing  and 
declared  in  plain  and  unmistakable  terms  that  each  shall  appear  in  the 
handwriting  of  the  subscribing  elector. 


368  STATE  OF  NORTH   DAKOTA 


There  was  a  substantial  defect  apparent  on 

the  face  of  the  certificate,  and  the  auditor  was  entirely  justified  in  re- 
fusing to  print  the  plaintiff's  name  as  a  candidate The 

<luestion  was  whether  the  paper  itself  afforded  the  statutory  evidence  of 
its  own  prima  facie  validity.  It  clearly  did  not  and  for  that  reason  it 
was  properly  rejected." 

I   should   hold   that   the    South    Dakota    opinion    should   be    taken    as 
the  law. 

Very  truly  yours, 
|,  C.  L.  YOUNG, 


Assistant  Attorney  General. 


!  74. 


September  13,  1912. 


Duncan  J.  McClennan,  Rolette,  N.  D. 
Dear  Sir: 

We  have  yours  asking  how  many  electors  must  sign  a  petition  to 
entitle  the  name  of  a  socialist  to  be  placed  on  the  ballot  under  the  de- 
crison  of  our  supreme  court  in  State  ex  rel.  Hegendorf  vs.  Blaisdell,  20 
N.  D.  622. 

You  of  course  understand  that  under  that  decision  a  socialist  is  not 
entitled  to  a  place  on  the  ticket  as  a  socialist.  His  faith  in  socialistic 
principles  may  be  stated  in  pursuance  of  the  provisions  of  section  501, 
Revised  Codes  of  1899,  a  section  which  was  omitted  in  the  revision  of 
1905.     However,  he  is  merely  nominated  as  an  indei)endent  candidate. 

The  number  of  signatures  necessary  to  entitle  his  name  to  a  place 
on  the  ballot  is  ten  per  cent  of  the  number  of  votes  cast  for  member  of  ! 
congress  at  the  last  preceding  general  election.  We  have  held  that  this  j 
means  ten  per  cent  of  the  highest  number  of  votes  received  for  member  j 
of  congress.  From  the  abstract  of  votes  which  you  enclose,  it  appears  ] 
that  in  Rolette  county  L.  B.  Hanna  received  716  votes,  the  highest  number  j 
received  by  any  one  candidate.  In  my  opinion  it  will  therefore  be  nee-  ' 
essary  for  those  desiring  a  place  on  the  ballot  as  independent  candidates  \ 
to  have  at  least  seventy-two  signatures  on  the  petitions  which  they  file,   i 

You  also  inquire  what  must  be  done  in  a  case  where  a  person  is  nom-  \ 
inated  on  more  than  one  ticket.  We  have  held  that  section  617  Re-  1 
vised  Codes  of  1905  is  still  in  force  and  that  it  applies  as  to  nomina-  ; 
tions  under  the  primary  election  law.  A  person  nominated  on  two  or  : 
more  tickets  is,  therefore,  required  to  file  a  statement  in  writing  signed  ' 
by  himself  designating  the  column  in  which  he  desires  his  name  to  ap- 
pear upon  the  election  ballot,  and  if  he  refuses  or  neglects  to  do  this  _ 
his  name  should  be  printed  only  in  the  column  of  the  party  from  which  j 
he  receives  the  first  notice  of  his  nomination.  | 

Yours  truly,  j 

C.  L.  YOUNG,  I 

Assistant  Attorney  General.  i 


OPINIONS  OF  THE  ATTORNEY  GENERAL 


-  75. 

Sept.   12,  1916. 
Hwi.  H.  P.  Jacobseu,  Mott,  N.  D. 
Dear  Senator: 

I  have  considered  your  communication  of  the  9th  in  which  you  ask 
for  the  opinion  of  this  office  with  respect  to  the  matter  of  the  right  of 
an  independent  candidate  to  have  his  name  placed  upon  the  ballot  under 
the  heading  of  "Farmers  Nonpartisan  League."  Section  501  of  the  1899 
Code,  which  is  the  section  under  which  independent  candidates  must 
operate,  makes  no  provision  for  any  heading  for  such  candidate. 

I  am  of  the  opinion  that  no  designation  of  any  kind  can  be  used 
other  than  that  the  heading  should  be  entitled  "individual  nomination." 
Neither  do  I  believe  that  they  can  make  any  statement  on  the  ballot  in- 
dicating what  principles  they  represent. 

Very  truly  yoUrs, 

HENRY  J.  LINDE. 


Attorney  General. 


76. 

September  12,  1912. 
Mr.  W.  F.  Blume,  Attorney  at  Law,  Dickinson,  N.  D. 
Dear  Sir: 

Your  letter  of  the  11th  has  been  given  consideration.  You  ask  whether 
or  not  under  section  501  of  the  1899  Code,  any  reference  to  a  candidate's 
party  affiliation  is  required  in  the  petition  or  so-called  certificate.  In 
reply  will  say  that  under  the  law,  candidates  whose  names  appear  upon 
the  ballot  at  the  general  election  under  the  heading  "individual  nomina- 
tions" cannot  profess  any  party  affiliation,  because  the  very  fact  that 
they  are  independent  candidates  precludes  any  party  designation.  Ac- 
cordingly, no  party  designation  should  appear  either  in  the  petition  or 
on  the  ballot. 

Very  truly  yours, 

HENRY   J.   LINDE, 
Attorney  General. 


77. 

November  1,  1919. 
Hon.  Thos.  Hall, 

Secretary  of  State, 

Bismarck,  N.  Dak. 
Dear  Sir: 

Your  letter  to  General  Langer,  in  which  you  inquire  as  to  whether 
or  not  it  is  your  duty   to  certify  to  the  Auditor  of  Towner  County  the 


370  STATE  OF  NORTH   DAKOTA 

name  of  Mr.  C.  P.  Peterson  as  candidate  for  State  Senator  to  be  placed 
upon  the  ballot  at  the  special  election  to  take  place  November  25,  1919, 
to  fill  the  vacancy  made  in  Twenty-Second  Legislative  District  by  the 
death  of  A.   S.  Gibbons,  has  been  referred   to  me  for  consideration  and 

I  beg  leave  to  advise  you,  that  in  my  opinion,  the  certificate  of  nomina- 
tion of  Mr.  C.  P.  Peterson  was  filed  with  you  too  late  to  entitle  him 
to  your  certificate  to  the  County  Auditor,  which  authorizes  his  name  to 
be  placed  upon  the  ballot  as  a  candidate  at  said  special  election. 

The  proclamation  of  Governor  Lynn  J.  Frazier,  calling  said  special 
election  in  the  Twenty  Second  Legislative  Ditsrict,  is  in  compliance  with 
the  law,  and  his  direction  that  the  nominations  be  filed  not  later  than 

II  o'clock  A.  M.  October  25,  1919,  is  absolutely  binding  upon  yourself 
as  well  as  the  county  auditor  and  all  other  state  and  county  oflScials 
concerned.  His  proclamation  fixing  the  hour  and  day  upon  which  or 
prior  to  which  certificates  of  nomination  must  be  filed  with  the  Secretary 
of  State  and  the  County  Auditor,  is  mandatory ;  and  the  failure  by  a 
day  to  comply  therewith  is  as  great  a  default  as  a  failure  by  twenty 
days.     State  ex  rel.  Anderson  v.   Falley,  9  N.  Dak.   464,  83  N.  W.  913. 

Since  it  appears  that  the  certificate  of  nomination  of  Mr.  Peterson 
neither  reached  your  oflSce  nor  was  registered  and  deposited  in  the  Post 
OflUce  at  Cando  before  11  o'clock  A.  M.  October  25,  1919,  you  have  no^  dis- 
cretion in  the  matter,  and  any  attempt  on  your  part  to  certify  the 
nomination  of  Mr.  Peterson  to  the  County  Auditor  of  Towner  County 
would  be  illegal. 

State  ex  rel.  Miller  v.  Burnham,  20  N.  Dak.  405,  127  N.   W.  504. 

Sincerely  yours, 

F.    E.    PACKARD, 
Assistant  Attorney  General. 


78. 

October  26,  1916. 
Mr.  E.  C.  Stocker,  County  Auditor,  Washburn,  N.  D. 

Dear  Sir:  ' 

The  Attorney  General  referred  to  me  your  recent  letter  to  this  office 
with  reference  to  a  construction  of  section  972  of  the  Compiled  Laws  of 
1913  as  applied  to  petitions  for  individual  nominations.  As  I  understand 
it,  the  question  has  been  raised  involving  the  right  of  one  who  signed 
a  petition  for  a  candidate  at  the  primary  election  or  one  who  voted  at 
such  election  to  sign  a  petition  as  provided  for  in  section  501  Revised 
Codes  of  1899. 

I  have  given  this  matter  careful  consideration  and  admit  that  the 
question  raised  is  a  close  one,  but  we  are  of  the  opinion  that  section 
972   is   entirely   superceded   by   the  primary   act.     Your  letter,   however, 


OPINIONS  OF  THE  ATTORNEY  GENERAL  371 

asks  our  advice  as  to  your  procedure  as  county  auditor  when  such  i)eti- 
tions  are  presented  for  filing  and  our  opinion  is  that  regardless  of  the 
construction  which  may  be  placed  upon  section  972  that  you,  as  county 
auditor,  should  receive  and  file  any  petition  for  individual  nomination 
which  is  otherwise  regular  on  its  face.  In  other  words,  that  the  duty 
of  rejecting  this  petition  does  not  devolve  upon  you,  providing  it  is 
otherwise  regular,  but  if  objection  is  raised  by  anyone  who  is  prejudiced 
thereby,  they  have  the  proper  remedy  in  the  court. 

Yours  truly 

H.   R.   BITZING, 
Assistant  Attorney  General. 


79. 

CANDIDACY  FOR  TWO  OFFICES. 

Feb.  1,  1916. 
Mr.  F.  H.  Sprague,  Grafton,  N.  D. 

Dear  Mr.  Sprague: 

In  your  letter  of  the  29th,  you  ask  whether  or  not  a  candidate  for 
Presidential  Elector  is  disqualified  by  reason  of  the  fact  that  he  is  cr 
may  be  a  candidate  for  County  Auditor. 

In  my  opinion,  there  is  no  iwssible  conflict  between  these  two  possible 
elections  and,  therefore,  the  same  person  can  be  a  candidate  for  Pres- 
idential Elector  and  for  County  Auditor  at  the  same  time. 

Yours  very  truly, 

HENRY  J.  LINDE, 
Attorney  General. 


80. 
PUBLICATIONS. 


May  8th,  1919. 
Hon.  Thomas  Hall, 

Secretary  of  State, 

Bismarck,  N.  D.  OPINION 

Dear  Sir: 

Your  letter  of  May  1st  to  the  Attorney  General  has  been  referred  to 
me  for  consideration.  You  request  the  opinion  of  this  department  iipon 
the  following  questions: 

(1)  "Do  sections  969  and  979,  C.  L.  1913  apply  to  special  elections 
held  pursuant  to  provisions  of  section  25  of  the  Constitution,  as  amended?" 


372  STATE  OF  NORTH  DAKOTA 

(2)     "Is  the  method  of  publication  provided  by  section  25  of  the  Con-  ; 

«titution,  as  amended,  exclusive,  or  should  the  measures  to  be  submitted  j 

to  the  people  be  published  by  the  county  auditors  pursuant  to  sections  i 

975  and  979  C.  L.  1913?"  I 

•  I 

I  have  given  this  matter  due  consideration  and  am  of  the  opinion  ■■. 

that  sections  969  and  979  C.  L.  1913  do  apply  to  special  elections  held  ; 

pursuant  to  the  provisions  of  section  25  of  the  Constitution,  as  amended, 

and  that  measures  submitted  to  the  vote  of  the  people  pursuant  to  said  ' 

section  25  should  be  published  by  the  county  auditors  pursuant  to  sec-  • 

tions  975  and  979,  C.  L.  1913.  ■ 

This  opinion  is  based  upon  the  following  provisions  of  said  section  25,  ; 
as  amended,  viz:  | 

"In  submitting  measures  to  the  electors,  the  Secretary  of  State  and  all  . 
other  oflScials  shall  be  guided  by  the  election  laws  until  additional  legis-  ' 
lation  shall  be  provided." 

Yours  truly,  ] 

C.   S.  HAINES,  i 

Assistant  Attorney  General. 


81. 
CHALLENGERS. 


April  15,  1915.         ^ 
Mr.  F.  H.  Register,  City  Attorney,  Bismarck,  N.  D.  ] 

Dear  Sir :  i 

You  ask  whether  or  not  challengers  are  permitted  to  be  appointed  j 
and  designated  during  non-partisan  city  election  to  fill  the  oflBce  of  city  • 
commissioner  under  the  commission  form  of  government  in  this  state. 

Under  Section  3784,  Compiled  Laws  of  1913,  it  is  provided  that  city  , 
elections  shall  be  conducted  as  prescribed  by  general  election  laws  and  ] 
further  provides  that  the  city  commissioners  shall  appoint,  in  each  pre- 
cinct, the  inspector  and  judges  of  election.  Under  the  provisions  of  sec-^ 
tion  990,  Compiled  Laws  of  1913,  being  a  portion  of  Chapter  11  of  thej 
Political  Code,  dealing  with  elections  in  general,  it  is  provided  that  one! 
challenger  appointed  and  designated  from  each  of  the  political  party  or- , 
ganizations  shall  be  entitled  to  stand  at  the  opening  of  the  railing,  out-j 
side.  1 

Section  956  of  the  Compiled  Laws  makes  it  the  duty  of  the  inspectoi  j 
and  judges  of  election  to  challenge  the  right  of  any  person  to  vote,  whom  ^ 
they  know  or  have  reason  to  believe  is  not  a  qualified  voter.  ' 

I  can  find  no  authority  in  the  statutes  for  the  appointment  or  desig-j 
nation  of  the  challenger  for  the  conduct  of  a  nonpartisan  election  held  in^. 


OPINIONS  OF  THE  ATTORNEY  GENERAL  373 

cities  for  the  selection  of  city  commissioners  under  the  commission  form 
of  government.  The  reason  for  the  selection  of  challengers,  or  the  ap- 
pointment thereof,  under  the  party  system  of  elections,  having  disappeared, 
I  do  not  believe  that  that  portion  of  the  general  election  law  therefor 
has  any  application  to  the  city  election.  This  view  is  somewhat  strength- 
ened also  by  the  fact  above  indicated  that  in  elections  of  this  character 
the  judges  appointed  by  the  city  commissioners  instead  of  being  selected 
by  each  of  the  political  parties  as  is  done  under  the  general  election. 
It  seems  to  me  that  the  provisions  of  law  permitting  the  designation  and 
appointment  of  oflBcial  challengers  were  designed  to  safeguard  the  rights 
of  party  organizations,  and  as  these  rights  do  not  exist  under  a  non- 
partisan election  the  necessity  for  oflScial  challenger  had  disappeared. 

Yours  very  truly, 

HENRY  J.  LINDE, 
Attorney  General.- 


82. 

April  6.  1915. 

Mr.  F,  H.  Register,  City  Attorney,  Bismarck,  N.  D. 

Dear  Sir : 

You  ask  whether  or  not,  in  view  of  the  fact  that  the  statutes  of 
this  state  do  not  provide  for  an  "oflficial"  challenger  in  nonpartisan 
elections  for  the  election  of  city  commissioners  under  the  commission 
form  of  government,  any  citizen  cannot  act  as  challenger,  and  as  to 
whether  or  not  such  citizen  acting  as  challenger  has  a  right  to  be  or 
remain  within  the  polling  places. 

While  in  my  opinion  no  oflBcial  challenger  is  provided  for  by  our 
laws  in  the  election  you  mention,  yet  there  is  no  stiitutory  prohibition 
against  any  citizen  challenging  the  vote  of  any  person  whom  he  has 
reason  to  believe,  or  believes,  is  not  a  qualified  voter. 

Section  1042  of  the  1913  Compiled  Laws  prohibits  electioneering  within 
the  polling  place  of  any  building  in  which  an  election  is  being  held  or 
within  fifty  feet  thereof  and  prohibits  anyone  from  obstructing  the  doors 
or  entrance  thereto,  or  preventing  the  free  ingress  to  or  egress  from  said 
building.  This  by  no  means  prevents  any  citizen  from  being  in  the 
polling  place,  or  in  the  building  in  which  the  election  is  held,  provided 
he  is  not  electioneering,  and  provided,  also,  that  he  does  not  obstruct 
the  doors  of  entrance  to  the  polling  place  or  prevent  free  ingress  to  oi 
egress  therefrom.  Any  person  whose  conduct  is  orderly  and  who  does 
not  do  any  electioneering  and  who  does  not  in  any  manner  interfere 
with  the  election,  or  who  does  not  obstruct  the  entrance  to  or  from  the 
polling  place,  has  the  right,  under  the  law,  to  remain  within  the  i)olling' 
place  or  within  the  building  in  which  the  election  is  being  held.     It  is,. 


374  STATE  OF  NORTH  DAKOTA 


of  course,  within  the  discretion  of  the  election  officers  to  prevent  any  per-  • 
son  from  entering  or  remaining  within  the  polling  place  who  violates  ' 
any  of  the  provisions  of  section  1042,  supra.  j 

In  other  words,  it  is  my  opinion  that  the  fact  that  no  "official"  chal-  j 
lenger  is  provided  by  our  law,  does  not  preclude  any  citizen  from  chal-  \ 
lenging  the  right  of  persons  to  vote,  who,  in  their  opinion,  are  not  ' 
qualified  electors. 

Yours  very  truly,  j 

HENRY  J.  LINDE,  | 

Attorney  General.  l 


83. 
ABSENT  VOTERS. 


October  25,  1916.  -! 

Mr.  John  Mahon,  Langdon,  N.  D.  j 

Dear  Sir:  '^ 

In  your  letter  of  the  23rd  you  ask  whether  or  not  a  voter  who  on  I 
account  of  sickness  is  unable  to  go  to  the  polls  on  election  day  can  vote  I 
by  the  use  of  the  Absent  Voters'  ballot.  J 

The  law  provides  that  in  order  to  make  use  of  the  absent  voters'  t 
ballot  it  is  necessary  to  make  a  showing  that  the  voter  does  not  expect 
to  be  in  the  county  on  election  day.     I  take   it,   therefore,   that  if   the  ^ 
person  lives  in  the  county  and  is  in  the  county  on  election  day,  but  is  ' 
simply   prevented   from   going   to   the   polls   on   account   of  physical   dis- 
ability he  cannot  avail  himself  of  the  Absent  Voters'  ballot.  u 

Yours  very  truly,  f 

HENRY  J.    LINDE,  < 

Attorney  General.  ( 


84. 

Hon.  D.  T.  Youker,  State's  Attorney,  Dickey  County,  Ellendale,  N.  D. 

Dear  Sir: 

Replying  to  your  favor  of  recent  date,  under  Section  3  of  Chapter 
6  of  the  Laws  of  the  Special  Session  of  1918  it  is  provided  that  it 
shall  be  the  duty  of  each  county  auditor  at  least  forty-five  days  before 
any  general  election,  of  his  own  accord,  to  send  to  each  absent  voter 
as  described  in  Section  1  of  said  Act  an  Absent  Voter's  Ballot  as  pre- 
scribed in  Section  997,  Compiled  Laws  1913;  provided,  however,  that  re- 
turn postage  shall  be  furnished  by  the  county.  Section  973,  Compiled 
Laws  1913  provides,  however,  that  nominations  may  be  filed  with  the 
county  auditor  not  less  than  twenty-five  days  before  election.     As  section 


OPINIONS  OF  THE  ATTORNEY  GENERAL  375 

973  supra  has  not  been  amended,  it  follows  that  it  will  be  impossible 
for  county  auditors  to  comply  literally  with  Section  3  of  Chapter  6  of 
the  Special  Session  Laws.  The  earliest  date  at  which  the  ballots  could 
be  forwarded  to  the  absent  elector  would  be  not  more  than  twenty-five 
days  before  election,  assuming  that  there  would  be  no  delay  in  having 
the  ballots  printed. 

•  *******•*•• 

***♦**♦♦•♦♦• 

Yours  very  truly, 
WILLIAM  LANGER, 
Attorney  General. 


85. 
CANVASS  OF  VOTES. 

November  12,  1912. 
Mr.  A.  D.  Wartenbe,  Douglas,  N.  D. 
Dear  Sir:  ,, 

We  are  in  receipt  of  your  favor  of  Nov.  5th  inquiring  as  to  the  right 
of  the  election  board  after  the  polls  are  closed  to  exclude  persons  from 
the  polling  place  and  lock  the  doors  while  the  votes  are  being  counted 
aind  the  returns  made  up. 

In  my  opinion  such  election  board  is  limited  to  the  right  to  keep 
all  persons  at  least  ten  feet  from  the  oflBcers  and  persons  counting  the 
votes,  and  it  is  provided  that  a  railing  shall  be  placed  about  the  elec- 
tion judges  and  no  persons  permitted  inside  of  such  railing.  You  would 
have  the  right  to  enforce  quiet  and  order  in  the  room  and  exclude  per- 
sons making  any  noise  or  disturbance,  but  in  my  opinion  you  would 
not  have  the  right  to  clo.se  up  the  polling  place  and  go  into  secret 
session. 

Yours  truly, 

W.  P.  COSTELLO, 
Assistant  Attorney  General. 


No.  85a. 

Dec.  14,  1918. 
Hon.  Thomas  Hall, 

Secretary  of  State, 

Bismarck,  North  Dakota.  OPINION. 

Dear  Sir : 

Your  letter  of  December  13  written  to  Mr.  Langer,  relative  to  the 
interpretation  of  certain  sections  of  the  compiled  laws  of  this  state  relative 
fo  general  elections,  has  been  handed  to  me  for  reply. 


376  STATE  OF  NORTH  DAKOTA 

Your  question,  asked  in  the  light  of  Sections  875,  1009  and  1024,  is 
this : — Will  the  county  auditors  in  legislative  districts  containing  more 
than  one  county,  meet  and  canvass  the  votes  voted  for  members  of  the 
legislature  at  the  last  general  election? 

Section  875,  Compiled  Laws  of  1913,  dealing  with  legislative  dis- 
tricts which  comprise  two  or  more  counties,  prescribes  that  the  county 
auditor  of  the  senior  county,  in  conjunction  with  the  auditor  of  the 
other  counties,  shall  compare  the  votes  cast  in  the  several  counties 
comprising  such  district,  and  such  auditors  shall  immediately  make  out 
certificates  of  nomination,  etc.  It  will  be  noted,  however,  in  this  par- 
ticular section  that  it  specifies  particularly  with  reference  to  primary 
elections,  and  if  a  canvass  of  this  county  is  contemplated  to  be  held  in 
general  elections,  in  this  section  at  least  it  is  not  so  stated. 

Section  1009  of  the  Compiled  Laws  of  1913  deals  with  the  same  sub- 
ject of  the  canvassing  of  the  votes  after  an  election  duly  held.  This 
section  throws  a  light  upon  the  interpretation  of  the  previous  one  cited 
above  in  that  in  specifying  as  to  what  elections  the  method  therein  set 
out  shall  be  adopted  states,  "on  the  fifteenth  day  after  the  close  of  any 
election  ***."  The  said  section  does  not  provide  for  the  gathering  of 
the  county  auditors  of  the  various  counties  comprised  in  the  district 
for  the  purpose  of  auditing  the  votes,  but  in  fact  sets  out  an  entirely 
different  method  to  be  adopted  and  one  in  which  the  auditors  of  each 
of  the  counties,  excepting  the  auditor  from  the  county  casting  the  highest 
number  of  votes  for  Governor,  shall  be  excluded.  These  two  sections  do 
not  seem  to  be  exactly  consistent  with  each  other  but  when  taken  to- 
gether the  intention  of  the  legislature  is  clearly  evident. 

In  the  case  of  a  primary  election  assembling  the  auditors  of  all  the 
counties  so  that  in  the  canvassing  of  the  votes  of  the  candidates  asking 
to  be  placed  upon  the  ballot  there  would  be  no  possibility  of  prejudice 
in  favor  of  the  candidates  of  any  particular  county,  while  in  the  .sec- 
ond case,  as  set  out  in  Section  1009  above  referred  to,  there  would  not 
be  a  possibility  of  such  a  prejudice  entering  in  after  the  candidates, 
who  were  to  be  voted  upon  at  the  general  election,  had  been  selected. 
Consequently  in  the  latter  case  there  would  be  no  reason  for  gatliering 
the  auditors  of  the  various  counties  included  in  the  same  legislative 
districts. 

Section  1024  of  the  Compiled  Laws  sets  forth  the  duty  of  the  Sec- 
retary of  State  to  notify  the  successful  candidates  to  the  legislative 
assembly  at  the  same  time  that  the  successful  state  officials  are  notified. 
This  article,  it  is  true,  might  be  confused  with  Section  1000,  which  de- 
clares that  in  the  case  of  a  tie  vote  in  the  separate  districts,  it  is 
the  duty  after  a  choice  by  lot  of  the  county  auditor  to  make  and  de- 
liver to  the  person  thus  declared  duly  elected  a  certificate  of  his  elec- 
tion,  as   herein  provided.     There  would   be   no   occasion   for   controversy 


OPINIONS  OF  THE  ATTORNEY  GENERAL  377 

between  these  two  sections  except  in  case  of  a  tie  vote.  Upon  that  con- 
tingency I  am  of  the  opinion  that  it  would  be  the  duty  of  the  Secretary 
of  State  to  notify  the  county  auditor  to  the  effect  that  a  tie  vote  had 
been  registered  and  subsequent  thereto  it  would  be  the  duty  of  the 
county  auditor  so  notified  to  hold  such  election  by  law  and  thereafter 
deliver  to  the  person  selected  the  certificate  of  his  election,  as  provided 
in  Section  1009  above  referred  to. 

Yours  very  truly, 
ALBERT  E.   SHEETS,  JR., 
Assistant  Attorney  General. 


86. 

Nov.  16,  1920. 

Hon.  Thomas  Hall. 

Secretary  of  State, 

Bismarck,  N.  D. 
Dear  Sir:  OPINION. 

I  have  your  request  for  an  opinion,  in  which  you  wish  to  know 
when  the  state  Board  of  Canvassers  should  assemble  for  the  puri)ose  of 
canvassing  the  vote  cast  for  and  against  the  initiated  and  referred  meas- 
ures submitted  at  the  last  general  election. 

The  first  initiative  and  referendum  legislative  provision  of  the  con- 
stitution was  approved  at  the  general  election  of  1913.  It  provided  that 
all  legislation  put  forward  under  the  terms  of  its  provisions,  ''shall  be  in 
force  from  the  official  deelaration  of  the  vote." 

The  legislature,  at  its  first  session  after  the  constitutional  provision 
above  mentioned  became  effective,  in  compliance  therewith  provided  for 
the  canvassing  of  votes  upon  initiated  and  referred  measures,  as  well 
as  those  for  or  against  oflScers,  and  set  the  time  when  such  measures 
would  become  effective  by  fixing  the  date  upon  which  the  state  board  of 
canvassers  should  meet,  by  providing  as  follows : 

"The  State  Board  of  Canvassers  shall  meet  at  the  office  of  the  Secretary 
of  State  on  the  first  Tuesday  in  December  next  after  a  general  election,  and 
within  thirty  days  after  a  special  election." 

In  1919,  however,  by  article  26  of  an  amendment  to  the  constitution 
the  legislature  completed  the  process  of  amending  the  initiative  and 
referendum  provision  already  mentioned. 

The  new  constitutional  provision,  with  reference  to  the  date  upon 
which  measures  should  become  effective,  instead  of  directing  as  has  been 
previously  noted,  that  they  be  in  force  from  t^e  official  deelaration  of 
the  vote,  provided  that  such  initiated  or  referred  measure,  "shall  go  into 


378  STATE  OF  NORTH  DAKOTA 


effect  on  the  thirtieth  day  after  the  election,  unless  otherwise  specified 
in  the  measure."  And  to  make  doubly  sure  that  no  act  of  the  legislature 
which  might  then  be  in  existence  or  passed  in  the  future,  and  no  judg- 
ment of  any  court,  should  alter  or  change  the  purposes,  intention,  or 
meaning  of  the  constitutional  provision,  the  following  provision  was  in- 
serted, succeeding  the  section  just  quoted : 

"This    section    shall    be    self    executing    and    all    of    its    provisions    shall    be 
treated  as  mandatory." 

Thus  it  will  be  seen  that  under  the  terms  of  the  constitution,  article 
26,  of  amendments,  the  thirtieth  day  after  the  election  is  made  the  man- 
datory date  upon  which  the  measure  shall  be  effective,  unless  such  meas- 
ure shall  otherwise  specify.  None  of  these  initiated  measures  or  the 
referred  measure  voted  on  at  the  last  general  election,  contain  any  pro- 
vision, as  to  when  they  shall  become  effective. 

It  is  an  elemental  principle  of  law,  established  many  times  by  the 
decisions  of  our  own  supreme  court,  that  a  statutory  enactment  cannot 
alter,  change  or  impair  a  constitutional  provision,  and  least  of  all  is 
this  permissible  when  such  constitutional  provision  is  made  by  its  own 
terms,  self  executing  and  mandatory. 

Since  by  the  terms  of  the  constitution,  all  of  the  initiated  measures 
Toted  on  the  last  general  election  become  effective  on  the  thirtieth  day 
thereafter,  it  is  a  duty,  made  mandatory  by  the  terms  of  the  constitution, 
of  the  State  Board  of  Canvassers  to  meet  some  time  between  such  elec- 
tion and  the  thirtieth  day  thereafter  and  canvass  the  vote  upon  such 
initiated  measures. 

Since  Section  1013,  C.  L.,  N.  D.  1913,  as  amended  by  Chapter  151, 
Session  Laws  of  1915,  does  not  require  the  county  auditor  to  certify  an 
abstract  of  votes  to  the  Secretary  of  State  until  twenty  days  after  the 
election,  I  would  suggest  that  the  meeting  of  the  State  Board  of  Can- 
vassers be  set  some  time  between  the  twentieth  and  thirtieth  day  after 
the  election,  which  date  would  in  all  respects  comply  with  the  mandate 
of  the  constitutional  provision  already  mentioned. 

Very  truly  yours, 

WILLIAM  LANGER, 
Attorney  General. 


87. 

NOTICE  OF  ELECTION  FOR  REMOVAL  OF  COUNTY  SEAT.  j 

October  9,  1916. 
Mr.  T.  Leroy  Evans, 

Halliday,  N.  D.  ■ 

Dear  Sir:  i 

You  ask  this  office  whether  a  Notice  of  Election  for  County  Seat  re-     i 

moval  not  published  for  thirty  days  would  invalidate  the  election.  ; 


OPINIONS  OF  THE  ATTORNEY  GENERAL  379 

I  know  of  no  statute  requiring  the  publication  of  Notice  of  Election  for 
thirty  days.  Section  3235  requires  that  notice  of  Election  shall  be  given  in 
the  same  manner  as  prescribed  by  law  in  regard  to  the  submitting  of  quMi- 
tions  to  the  electors  of  the  locality  under  the  general  election  law.  Under 
section  979  questions  to  be  submitted  to  the  people  of  the  county  shall  be 
advertised  as  provided  for  nominees  for  oflSice  in  such  section.  The  ad- 
vertisement in  question  for  such  nominees  is  controlled  by  section  975 
which  provides  the  ten-day  publication. 

The  Supreme  Court  of  this  state  has  held  in  State  ex  rel  vs.  Miller, 
21  N.  D.  324,  that  the  four  week's  publication  or  notice  required  by  section 
982  does  not  apply  to  county  division  propositions,  and  for  like  reasons  I 
am  inclined  to  think  that  it  does  not  apply  to  county  seat  removals. 

Very  truly  yours, 
Francis  J.  Murphy, 
Assistant  Attorney  GeneraL 


88. 

MUNICIPAL  ELECTIONS. 

May  13,  1914. 
Hon.  D.  Proyer  Bates, 
Attorney  at  Law,  Larimore,  N.  D. 
Dear  Sir : 

Your  letter  to  the  attorney  general  received  in  which  you  say  you 
have  been  requested  by  the  city  council  of  the  city  of  Larimore  to  request 
his  opinion  relative  to  the  status  of  a  mayor  who  has  been  elected  pursuant 
to  section  2646  of  the  1905  codes.  Also  does  the  election  of  an  alderman 
to  the  oflBce  of  mayor  by  the  council  produce  a  vacancy  in  the  oflBce  of 
alderman  of  the  ward  from  which  the  alderman-mayor  was  elected,  there- 
by requiring  an  election  to  fill  such  vacancy  or  does  the  alderman  who 
has  been  elected  by  the  council  to  the  office  of  mayor  retain  his  rights 
and  privileges  of  alderman,  also  on  the  several  questions  following: 

If  the  vacancy  occurs  in  the  office  of  mayor  and  the  unexpired  term 
is  less  than  one  year,  the  city  council  shall  elect  one  of  its  number  to  act 
as  mayor  who  shall  possess  all  the  rights  and  powers  of  mayor  to  the  next 
annual  election  and  until  a  mayor  is  elected  and  qualified. 

In  my  opinion  when  an  alderman  is  elected  to  the  office  of  mayor  he 
must  resign  his  position  as  alderman  as  he  cannot  hold  both  offices  and 
it  is  the  duty  of  the  city  council,  if  the  vacancy  occurs  within  six  months 
prior  to  the  city  election,  to  appoint  a  person  to  fill  such  vacancy  from 
the  ward  in  which  the  alderman  resides.  Otherwise  a  special  election 
should  be  called  to  elect  an  alderman.  The  title  of  an  alderman  elected 
to  the  office  of  mayor,  is  mayor. 

Yours  truly, 

*  John  Carmody, 
Assistant  Attorney  General. 


310  STATE  OF  NORTH  DAKOTA 


March  15,  1918. 
Mr.  J.  E.  Nelson, 

Attorney  at  Law,  Garrison,  N.  D. 

Dear  Sir: 

This  department  is  in  receipt  of  your  request  for  an  opinion  as  to 
whether  or  not  it  is  obligatory  to  hold  the  city  election  in  cities  of  six 
hundred  or  less  on  the  first  Monday  in  April  of  the  even  numbered  years. 

I  have  given  this  question  considerable  study,  for  the  reason  that  I 
was  under  the  impression  that  there  was  a  provision  in  the  statute  re- 
quiring such  election  to  be  held  in  the  even  numbered  years,  but  if  there 
is  such  a  section  I  have  been  unable  to  find  it.  In  this  connection,  I 
refer  you  to  the  last  sentence  in  Section  915  of  the  Compiled  Laws  of 
1913.  It  would  appear  to  me  from  reading  this  sentence  that  said  pro- 
vision was  based  upon  the  supposition  that  city  elections  were  always  held 
in  the  even  numbered  years,  but,  as  I  stated  supra,  I  have  not  been  able 
to  find  the  section  upon  which  said  supposition  could  be  based. 

I  am,  therefore,  of  the  opinion  that  the  election  held  in  your  city  on 
the  first  Monday  in  April,  1917,  at  which  election  all  of  your  city  officers 
were  elected  for  a  period  of  two  years,  was  a  valid  election,  and  that 
said  officers  will  hold  their  respective  offices  until  their  successors  are 
elected  at  the  election  to  be  held  on  the  first  Monday  in  April,  lUV.l 

Yours  very  truly, 

Edw.  B.  Cox, 
Assistant  Attorney  General. 


90. 

January  11.  1912. 
Mr.  John  Andrews, 

Deputy  Secretary  of  State,  Bismarck,  X.  D. 
Dear  Sir: 

I  have  examined  the  letter  of  Mr.  A.  L.  Parsons,  directed  to  you, 
requesting  that  you  secure  the  construction  of  chapter  66,  Laws  of  1911^ 
by  this  office. 

Upon  examining  the  same  I  feel  satisfied  that  it  relates  solely  to  city 
elections  and  has  nothing  whatever  to  do  with  the  general  registration  laws 
of  the  state.  According  to  its  language  it  is  made  the  duty  of  the  city 
council,  in  cities  having  four  hundred  or  more  voters  as  determined  by  the 
last  annual  election,  to  provide  for  registration  of  the  voters  of  such  city, 
while  in  cities  having  less  than  four  hundred  voters,  registration  mny  be 
provided  by  the  council,  but  it  is  not  required.  Whether  there  shall  be  a 
registration  in  such  cities  is  therefore  optional  with  the  city  council  thereof 

Yours  very  truly, 

C.  L.  Young, 
Assistant  Attorney  General. 


OPINIONS  OF  THE  ATTORNEY  GENERAL  381 

-  01. 

March  1,  1916. 
Mr.  Karl  L.  HJort, 

Hillsboro,  N.  D. 

Dear  Sir : 

On  account  of  my  absence  I  have  neglected  answering  your  letter  of 
some  time  ago.  Upon  my  return,  however,  I  considered  the  proposition 
submitted  and  find  that  it  presents  a  rather  diflScult  proi>osition.  It  is  my 
opinion  that  no  election  was  necessary  in  your  city  in  the  spring  of  1913 
but  that  the  oflBcers  elected  at  the  time  of  the  organization  of  the  city 
under  the  commission  form  of  government  would  hold  over  until  the  sta- 
tutory time  for  holding  elections  in  1916.  However,  in  view  of  the  fact 
that  you  had  the  election  in  1915,  the  next  election,  according  to  the  statute 
providing  for  biennial  elections,  should  be  held  in  1917,  but  this  would 
bring  your  elections  on  during  the  odd  years.  The  statute,  however,  so 
far  as  we  can  ascertain,  does  not  necessarily  require  that  the  elections  be 
held  in  even-numbered  years,  and  I  know  of  no  reason  why  you  cannot 
hold  your  election  in  1917  because  the  term  of  oflBcers  elected  in  1915  has 
not  expired  and  will  not  expire  until  the  spring  of  1917. 

I  would  advise  you,  therefore,  not  to  hold  any  election  this  year,  but  to 
hold  your  election  in  1917,  and  every  two  years  thereafter,  according  to  the 
provisions  of  Section  3784  providing  for  biennial  municipal  elections. 

Yours  very  truly, 

Henry  J.  Linde, 

Attorney  General 


92. 


March  13,  1917. 


Mr.  C.  E.  Leslie, 

Attorney  at  Law,  Hillsboro,  N.  Dak. 

Dear  Sir : 

The  Attorney  General  has  your  letter  of  the  8th  inst,  in  which  yon 
ask,  in  substance,  the  following  question : 

Where  a  city  has,  in  an  odd-numbered  year  (1913),  adopted  the  com- 
mission form  of  government  and  in  said  year  elected  oflBcers  under  such 
commission  form;  and  thereafter,  and  in  April  1915,  there  was  held  an 
election  to  elect  two  commissioners  to  fill  the  places  of  the  two  commis- 
sioners elected  at  such  first  election  and  whose  terms  had  expired,  is  it 
legal  to  hold  an  election  in  April,  1917,  for  the  purpose  of  electing  two 
commissioners  and  a  President  of  the  Board,  or  must  such  election  be 
deferred  until  the  next  even-numbered  year  (1918)  ? 


382  STATE  OF  NORTH  DAKOTA 

In  my  opinion  the  next  election  for  the  election  of  commissioners  and 
president  of  the  Board  should,  in  such  cases,  be  held  in  April,  1917.  Sec- 
tion 3784,  Compiled  Laws  of  1913,  that  this  section  applies  is  clear  from  a 
reading  of  section  3775,  wherein  it  is  declared  that  *♦♦♦♦*  from 
the  time  of  such  organization  the  provisions  of  this  chapter  shall  be  ap- 
plicable to  such  city;  and  all  laws  in  conflict  herewith  shall  no  longer  be 
applicable,    ••♦♦♦•»» 

There  is  no  requirement,  under  section  3784,  that  the  elections  In 
cities  under  the  commission  form  of  government  shall  be  held  in  even- 
numbered  years. 

Very  truly  yours, 

Geo.  B.  Reimestad, 
Assistant  Attorney  General. 


Feb.  11,  1920. 
Hon.  Thomas  Hall, 

Secretary  of  State,  Bismarck,  N.  D. 

Attention  Mr.  Duffy. 

Dear  Sir : 

I  have  before  me  your  letter  of  recent  date  in  which  you  inquire  as 
to  the  statutes  controlling  city  elections  in  the  year  in  which  the  Presiden- 
tial primary  elections  are  held.  As  I  view  your  inquiry  it  resolves  itself 
into  a  question  of  whether  or  not  the  last  sentence  of  Section  915  Compiled 
Laws  of  North  Dakota  for  1913,  is  still  in  effect.  This  portion  of  said  sec- 
tion reads  as  follows : 

"In  every  fourth  year  when  a  Presidential  election  is  held,  the  time  of  all 
general  elections  shall  take  place  on  the  third  Tuesday  in  March,  so  as  to 
conform  to  the  provisions  of  this  article,  and  in  such  event  the  city  o;cers 
elected  to  office  shall  have  until  the  second  Tuesday  in  April  in  which  to  quality 
for    such   office." 

Section  3666  Compiled  Laws  of  North  Dakota  for  1913,  provides  that 
the  annual  city  elections  in  all  cities,  except  those  operating  under  the 
commission  form  of  government  shall  be  held  on  the  first  Monday  in  April 
in  each  year.  However,  this  provision  as  to  the  date  of  holding  the  said 
election  has  been  held  to  be  superceded  by  the  last  sentence  of  section  915 
as  above  quoted. 

Section  3784,  Compiled  Laws  of  North  Dakota  for  1913,  provide  that 
the  biennial  election  in  all  cities  operating  under  the  commission  form  of 
government  shall  be  held  on  the  first  Tuesday  in  April,  and  it  has  hereto- 
fore been  held  that  when  the  biennial  election  in  cities  under  the  com- 


OPINIONS  OF  THE  ATTORNEY  GENERAL  SSJ 

mission  form  of  government,  come»-  in  the  even  numbered  years,  that  in 
presidential  primary  years  the  city  elections  shall  be  held  on  the  third 
Tuesday  in  March,  in  lieu  of  the  first  Tuesday  in  April,  by  virtue  of 
the  said  provisions  of  section  915,  Compiled  Laws  of  1913,  above  quoted. 

Since  the  last  presidential  primary,  however,  section  3784,  Compiled 
Laws  of  North  Dakota  for  1913,  has  been  amended  to  the  extent  that  it  is 
provided  that  the  polls  shall  be  opened  at  eight  A.  M.,  and  shall  close  at 
nine  P.  M.  The  amendment  and  re-enactment  of  this  section  makes  it  a 
later  law  than  section  915  of  the  Compiled  Laws  for  1913,  and  the  question 
now  arises  as  to  whether  or  not  in  cities  having  commission  form  of 
government,  where  the  election  takes  place  this  year,  the  last  sentence  of 
section  915  would  be  controlling. 

Under  the  general  rule  of  statutory  construction  it  would  seem  that 
section  3784  having  been  amended  and  re-enacted  in  Chapter  120  of  the 
Session  Laws  of  1919,  would  supercede  Section  915  Compiled  Laws  of  1913. 

I  am  of  the  opinion,  however,  that  such  was  not  the  intention  of  the 
legislature.  It  is  a  matter  of  common  knowledge  that  the  only  reason 
section  3784  was  amended  in  1919  was  to  extend  the  time  of  the  closing  of 
the  polls  from  five  P.  M.  to  nine  P.  M.  I  do  not  believe  the  legislature  in- 
tended to  do  away  with  the  plan  heretofore  followed,  namely  to  hold  the 
presidential  primary  and  the  city  election  upon  the  same  date.  I  believe 
that  this  was  a  mere  oversight  on  the  part  of  the  legislature,  and  that  this 
department  would  not  be  justified  in  holding  otherwise,  and  thus  causing 
extra  expense  both  to  the  State  of  North  Dakota  and  the  various  muni- 
cipalities through  the  state,  which  are  operating  under  the  commission 
form  of  government. 

As  to  the  time  of  opening  and  closing  the  polls  at  the  combination 
election  which  is  to  be  held  on  the  third  Tuesday  in  March  of  this  year,  ] 
will  advise  you  that  in  my  opinion  Section  983  Compiled  Laws  of  North 
Dakota  for  1913  as  amended  by  section  2  of  Chapter  119,  Session  Laws  of 
1919,  controls.  You  will  note  by  referring  to  section  915  that  it  is  therein 
provided:  "the  polls  shall  be  open  during  the  same  hours  as  at  general 
elections." 

I  am  aware  of  the  fact  that  in  years  in  which  city  elections  are  held 
separately  that  the  polls  are  opened  at  eight  A.  M.  and  closed  at  nine 
P.  M.  However,  if  section  915  governs  as  to  the  time  of  holding  such 
city  elections  in  such  presidential  primary  years,  it  must  necessarily  follow 
that  such  section  would  govern  as  to  the  time  of  opening  and  closing  the 
polls.  In  case  there  is  any  doubt  in  the  minds  of  the  city  election  oflicials 
on  this  point,  I  see  no  reason  why  the  polls  could  not  be  opened  at 
eight  in  the  morning. 

In  view  of  the  conclusion  I  have  reached  in  this  matter  I  do  not  deem 
it  necessary  to  answer  your  other  questions  specifically,  as  you  indicate  In 
your  letter  that  the  only  important  question  is  as  to  whether  or  not  section 


384  STATE  OF  NORTH  DAKOTA 

9i5  still  prevails  as  setting  forth  the  time  at  which  city  elections  shall  be 
held  in  primary  years. 

In  connection  with  this  opinion,  I  wish  to  say  publicly  what  I  have 
many  times  asserted  privately,  namely  thit  as  recommended  by  yourself 
North  Dakota's  election  laws  should  be  recodified  and  harmonized  at  the 
earliest  possible  time.  There  is  no  question  but  that  in  many  places  they 
are  in  hopeless  conflict  and  until  a  recodification  has  been  had  election  oflS- 
cials  throughout  the  state  will  constantly  be  in  doubt  as  to  the  proper 
procedure  to  follow. 

Very  truly  yours, 

Edw.  B.  Cox, 
Assistant  Attorney  General. 


94. 

March   13,   1915.  ] 

Mr.  W.  S.  Rinuey,  ; 

Ray,  N.  D.  | 

Dear  Sir : 

You  write  to  the  Attorney  General  with  reference  to  your  appointment 
as  police  magistrate  of  the  city  of  Ray  which  is  under  a  commission  form   i 
of  government  and  ask  whether  or  not  the  board  of  city  commissioners   ; 
was  acting  within  its  power  and  rights  in  appointing  a  police  magistrate.   ■ 

I  am  of  the  opinion  that  where  a  vacancy  occurs  in  the  ofiice  of  ; 
police  magistrate  and  other  elective  city  offices  that  a  special  election  ^ 
must  be  called  to  fill  the  vacancy.  I  base  my  opinion  upon  the  provisions  j 
of  Section  3804  of  the  Compiled  Laws  of  1913.  That  being  so,  I  think  | 
that  the  board  of  commissioners  did  not  have  the  right  to  make  the  ap-  ' 
pointment  to  fill  the  vacancy,  but  that  a  special  election  should  have  been 
held  to  fill  the  same.  ' 

Your  second  question  is  whether  or  not  a  police  magistrate,  so  ap-  . 
pointed,  would  have  jurisdiction  to  authorize  him  to  issue  criminal  , 
warrants.  '. 

In  reply,  would  say  that  I  think  a  decision  of  the  Supreme  Court  of  j 
this  state  in  the  case  of  State  ex  rel  Brockmeier  vs.  Ely,  found  in  16  ] 
N.  D.  569,  and  also  in  the  case  of  State  vs.  Bedner,  found  in  18  N.  D.  484  j 
would  apply  in  a  case  such  as  you  mention,  that  is  that  such  an  officer,  j 
while  not  an  officer  de  jure  would  be  an  officer  de  facto,  and  as  such  any  * 
official  acts  done  by  him  would  have  the  same  force  and  effect  as  though  ; 
he  were  legally  filling  the  office.  : 

Yours  truly, 

H.  R.  Bitzing,  ; 

Assistant  Attorney  General.  j 

City  Attorney  H.  F.  O'Hare  of  Bismarck,  is  of  the  opinion  that  Section  3658  | 

is  express  authority   for  the  filling  of  such  vacancies  by  appointment.  , 


OPINIONS  OF  THE  ATTORNEY  GENERAL 


95. 

March  27. 1914. 
Mr.  A.  D.  Bosch. 

Flasher,  N.  D. 

Dear  Sir : 

f  The  attorney  general  has  your  favor  of  the  26th  inst.,  relative  to  the 
election  of  trustees  in  a  newly  incorporated  village.  You  say  the  village  is 
divided  into  three  districts,  and  that  the  question  arises,  can  the  votei 
residing  in  one  district  vote  for  trustees  representing  the  other  two,  as 
well  as  his  own,  or  must  he  vote  for  his  own  only. 

Under  section  2857,  one  trustee  must  be  elected  from  each  district, 
and  the  voters  in  one  district  cannot  vote  for  trustees  from  other  districts. 
The  idea  that  the  trustee  represents  his  own  district  is  carried  out  in  sec- 
tion 2860.  If  a  vacancy  occurs  in  the  board  of  trustees,  it  shall  be  filled 
by  appointment,  but  the  appointment  must  be  made  from  the  district.  I 
think  this  idea  is  also  carried  out  by  chapter  73  of  the  Laws  of  1913,  pro- 
viding for  the  nomination  of  candidates  for  city,  town  or  village  oflBce. 
That  law  provides  that  the  petition  must  be  signed  by  not  less  than  10 
per  cent  of  the  qualified  electors  residing  within  the  ward  or  precinct 
in  or  for  which  such  officer  is  to  be  elected. 

Yours  very  truly, 

Alfred  Zuger, 
Assistant  Attorney  GeneraL 


i 


96. 


Februray  8, 1916. 


Mr.  Alfred  O.  Nelson. 

Attorney  at  Law,  Dunn  Center,  N.  D.  n-r 

Dear  Sir : 

You  write  the  Attorney  General  asking  whether  or  not  in  a  town 
which  is  divided  into  wards  the  trustees  to  be  voted  upon  by  the 
electors  in  the  wards  where  they  reside  or  can  they  be  voted  upon  by  the 
entire  electorate.  Replymg  thereto  will  say  that  it  is  evidently  the 
intent  of  the  statute  that  a  trustee  to  be  elected  from  the  third  ward,  for 
example,  can  only  be  voted  upon  by  the  electors  of  that  particular  ward. 

Answering  your  second  question,  I  can  see  no  reason  why  the  village 
election  could  not  be  postponed  until  the  date  of  the  annual  election  in 


March 


Yours  very  truly, 

H.  R.  Bitzing, 
Assistant  Attorney  General. 


I 
i 

386  STATE  OF  NORTH  DAKOTA  I 

97. 

August  28.  191(5. 
Mr.  H.  A.  Armstrong,  j 

Attorney  at  Law,  Hazelton,  N,  D. 

Dear   Sir:  i 

I  hav6  your  letter  of  the  28tli  in  which  you  ask  lor  information  as  to-  ; 
whether  or  not  one  voting  place  is  sufficient  in  a  village  which  has  been 
divided  into  three  districts  and  also  whether  or  not  the  voters  of  the  entire 
village  have  a  right  to  vote  for  each  of  the  trustees  to  be  elected.  • 

The  statute  is  not  clear  upon  this  proposition,  but  this  office*  has^^ 
heretofore  held  that  only  those  electors  who  reside  in  each  district  can  j 
vote  for  the  candidate  residing  in  and  representing  such  district.  In  i 
other  words,  the  trustees  are  not  elected  at  large.  i 

On  the  question  of  whether  or  not  more  than  one  voting  place  should  I 
be  provided,  I  believe  that  only  one  voting  place  is  necessary,  but  in  that  i 
event  a  record  would  have  to  be  made  and  provisions  otherwise  made  so" 
that  the  electors  could  only  vote  for  the  candidate  from   their  district.  1 

I  concede  that  the  question  is  close  and  that  the  proposition  could  be- • 
decided  either  way  arid  support  could  be  found  for  either  position.  j 

Yours  very  truly,  ; 

Henry  J.  Linde,  "i 

Attorney  General. 


98.  ^ 

March  8,  1917. 
Mr.  H.  O.  Hanson,  1 

Litchville,  N.  Dak. 

Dear  Sir :  I 

Youi .  ask,  in  substahce,  whether  village  trustees  are  to  be  elected  by  j 
the  districts  ip  wjhich  they  reside,  respectively,  or  whether  all  the  voters  of  i 
the  village  vote  upon  all  the  trustees,  regardless  of  districts  The  statutes < 
are  very  unsatisfactory  and  incomplete  in  this  respect.  : 

Section  3854,  Comp.  Laws  of  1913,  provides  that  "there  shall  be : 
electee?  *!  *  *  *  *  *  one  trustee  from  each  district  in  said  village  ■ 
****♦*."  In  line  with  that  idea  is  the  provision  of  Section  , 
3857,  provided  that,  in  case  of  a  vacancy  in  the  board  of  trustees,  it  shall' 
be  filled  by  appointment  from  the  district  in  which  the  vacancy  occurs.  I* 
But  the  statu t:e  provides  for  but  one  polling  place  and  one  election.  Sec- 
tions 3850  and  3851.  [ 


OPINIONS  OF  THE  ATTORNEY  GENERAL  387 

In  my  opinion,  there  can  be  but  one  election,  at  which  all  electors  of 
the  village  vote  for  all  officers  to  be  elected.  There  is  no  method  nor 
machinery  provided  to  carry  out  the  idea  of  electing  trustees  from  the 
districts  m  which  they  reside,  and  limiting  their  election  to  the  electors 
of  their  respective  districts.  I  do  not  believe  a  method  of  election  can  be 
formulated  to  cover  this  deficiency,  where  none  is  provided  by  statute. 
We  believe  State's  Attorney  Ritchie  has  given  the  correct  interpretation 
of  the  law. 

Yours  truly. 
Assistant  Attorney  General. 


99. 

TOWNSHIP  ELECTIONS. 

January  19,  1912. 
Mr.  Scott  Cameron, 

State's  Attorney,  Linton,  North  Dakota. 

Dear  Sir: 

We  have  your  favor  of  the  17th  inst,'iii  wM^  you'deisire  dor  opinion 

as  to  whether  the  residents  of  an  incorporated  village  located  within  a 
township  can  vote  at  township  meetings. 

It  is  the  opinion  of  the  Attorney  General  that  such  residents  within  an 

incorporated  village  cannot  lawfully  vote  at  a  township  meeting,  but  that 
the  two  are  distinct  political  subdivisions  or  corporations.  It  is  true 
that  the  statutes  of  this  state  are  very  unsatisfactory  on  this  subject,  and 
very  little  light  can  be  gotten  from  reading  them,  but  in  a  number  of  cases 
from  other  states  it  has  been  held,  and  we  believe  it  is  a  rule  that  voters  of 
an  incorporated  village  located  within  a  township,  are  not  entitled  to  vote 
or  participate  in  purely  township  affairs. 

Very  truly  yours. 
Alfred  Zuger, 
Assistant  Attorney  €reneral. 


100. 

March  8,  1915. 
Mr.  Edward  Klebaum, 

Egeland,  N.  D. 

Dear  Sir: 

I  have  your  letter  of  the  5th.     Section  4087  of  the  Compiled  Laws  of 
this  state  for  1913  provides : 

.  "^ere  shall  be  elected  at  the  annual  township  meeting  in  each,  township, 
one   supervisor   for  a    term   of   ttree   years,    one    township   derk.   one   assessor. 


388  STATE  OF  NORTH  DAKOTA 


one  treasurer,  two  justices  of  the  peace,  and  two  constables  shall  be  elected 
once  in   two  years   except   to   fill   vacancies." 

-      This  same  section  further  provides : 

'v(r  "At    the    first    annual    township    meeting,    each    township,    there    shall    be 

elected  at  large  for  each  township,  three  supervisors,  one  to  serve  until  the 
second  annual  township  meeting,  and  one  to  serve  until  the  third  annual 
township  meeting  thereafter." 

-*iii  i'itlw  ,7^noloiiob  anil-  VM(f>  oi   b^luJuom 

From  this  section,  you  will  iitftettiat'tlre  officers' iiieiitioiied'a1)Ove 
are  elected  for  a  term  of  two  years,   except  the  supervisors,  who  are 
elected  for  a  term  of  three  years.    This  law  was  enacted  in  1913. 
Section  4249  of  the  1913  Laws  provides : . 

"Whenever  the  electors  of  any  township  determine  at  their  annual  township 
meeting  to  erect  one  or  more  pounds  therein,  the  same  shall  be  under  the 
care  and  direction  of  such  poundmasters  as  are  chosen  or  appointed  for  that 
purpose." 

In  my  opinion  it  is  discretionary  with  the  electors  of  the  townships 
as  to  whether  or  not  to  create  a  pound,  and  if  one  is  created,  the  pound- 
master  may  be  elected  by  the  township  board  for  such  term  as  they  may 
desire. 

Section  4087  provides  also,  that  the  board  of  supervisors  of  a  town- 
ship shall  appoint  an  overseer  of  highways  for  each  township  who  shall 
hold  his  office  during  the  pleasure  of  the  board,  so  that  under  the  provision 
of  law  the  office  of  district  overseer  no  longer  exists,  and  in  that  connec- 
tion I  refer  you  to  Section  1990  M,  of  the  1913  Code,  which  provides: 

"There  shall  be  appointed  by  the  township  board  of  supervisors  at  their 
*"^'next  meeting  succeeding  the  annual  town  meeting,  one  township  overseer  of 
biti'  highways  for  each  township  who  shall  be  a  practical  roadbuilder  and  whose 
H'>&!i  compensation  shall  be  fixed  by  the  township  board,  to  be  paid  on  presentation 
•J, J   ,  of  a  verified  bill  at  the  regular  meeting  of  the  township  supervisor.    All  duties 

now  by   law   resting   upon  district   road  overseers   shall  be  performed  by   this 

township   overseer   of  highways,    etc." 

Trusting  that  this  information  shall  be  of  some  value  to  you,  I  remain, 

Yours  very  truly, 
*  Henry  J.  Linde, 

Attorney  GeneraL 


101. 

J,      Feb.  25,  1918, 
Mr.  O.  J.  Klahn, 

Township  Clerk,  Shields,  N.  D. 

Dear  Sir : 

Your  letter  of  Feb.  21st  received,  requesting  an  opinion  concerning 
the  provisions  of  Section  4087,  Compiled  Laws,  1913,  as  to  whether  the 
town  clerk,  assessor,  treasurer  and  justice  of  the  peace  hold  for  a  term 


OPINIONS  OF  THE  ATTORNEY  GENERAL 


of  one  year  or  for  two  years,  when  elected  at  the  annual  township  meeting. 

On  March  8,  1915,  former  Attorney  General  Linde  rendered  an 
opinion  that  such  oflBcers  were  elected  for  a  term  of  two  years. 

It  is  our  opinion  that  such  opinion  so  rendered  was  correct 

Formerly  tmder  Chapter  306,  Session  Laws  1911,  such  oflBcers  held 
for  a  term  of  only  one  year,  but  this  law  was  amended  by  Chapter  90  of 
the  Session  Laws  of  1913,  which  is  now  Section  4087,  Compiled  Laws  of  1913. 

Respectfully  submitted, 
H.  A.  Bronson, 
Assistant  Attorney  General. 


102. 

Feb.  21,  1917. 
Hon.  F.  C.  Eastwold. 

Steele,  N.  D. 

Dear  Sir: 

If  a  i)ersou  who  resides  In  and  who  is  a  resident  of  an  organized  city 
or  village  in  this  state  and  votes  in  said  village  or  city  and  is  a  bona  fide 
resident  of  said  city  or  village,  they  cannot  hold  a  township  oflSce,  such 
as  township  supervisor,  clerk  of  the  town  board  or  justice  of  the  peace. 

Very  truly  yours, 
William  Langer, 
Attorney  General. 


103. 

April  8,  191(fc    -M 
Mr.  M.  L.  McBride, 

State's  Attorney,  Dickinson,  N.  D. 

Dear  Sir: 

We  have  yours  of  the  29th  ult.,  in  which  you  state  that  a  township  in 
Stark  County  was  organized  March  26th  into  a  civil  township.  You  ask 
whether  or  not  this  new  township  may  call  a  special  meeting  for  the  pur- 
pose of  determining  the  amount  of  the  1910  tax  levy. 

By  Section  3050,  Revised  Codes  of  1905,  you  will  see  that  where  a  new 
township  was  organized,  the  board  of  county  commissioners  is  required  to 
make  out  notices  designating  a  suitable  place  for  holding  the  first  township 
meeting.  You  will  also  notice  that  this  first  meeting  is  to  be  held  twenty 
days  after  the  township  is  organized.  In  my  judgment  this  latter  pro- 
▼isioti  is  directory  merely.  If  steps  have  not  already  been  taken  to  call 
the  first  township  meeting,  the  commissioners  may  still  do  so  at  the  first 


399  STATE  OF  NORTH  DAKOTA 

meeting.  I  take  it  that  the  electors  of  the  township  may  exercise  the  same 
powers  that  may  hereafter  be  exercised  by  them  at  their  regular  annual 
township  meeting.  The  amount  of  the  tax  levy  is  not  required  to  be  cer- 
tified to  the  caupty  auditor  until  the  20th  day  of  July,  so  there  is  plenty 
of  time  to  hold  the  special  meeting. 

II  a  meeting  has  been  held  for  the  purpose  of  electing  oflBcers  it 
would  still  be  proper,  under  Section  3078,  to  hold  a  special  meeting  of 
the  electors  of  the  township  to  make  appropriations  if  that  matter  was  not 
attended  to  when  the  oflBcers  were  elected. 

Very  truly  yours, 

C.  L.  Young. 
Assistant  Attorney  General. 


104. 

.Tune  24,  1918. 
Mr.  H.  A.  Armstrong, 
Hazelton,  N.  D. 
Dear  Sir: 

Answering  your  letter  of  May  22ud,  there  is  no  question  in  my  mind 
that  if  the  voters  of  a  township  may  reconsider  an  action  taken  by  them 
in  a  proper  case  a  special  meeting  may  be  called  for  the  purpose  of  re- 
considering such  action.  In  the  case  you  mention  the  township  voted  to 
raise  a  certain  sum  of  money  for  a  specified  purpose.  Though  notice  of 
the  tax  levy  under  the  vote  so  taken  may  have  been  forwarded  to  the 
county  auditor  by  the  proper  township  ofiicers,  no  rights  have  vested 
under  the  vote  or  levy,  and  no  one  would  be  prejudiced,  I  take  it,  in  any 
way  if  this  vote  were  now  re-considered.  It  is  therefore  my  opinion  th^rt 
a  special  meeting  may  be  called  for  the  purpose  of  re-considering  the  vote 
as  regards  the  appropriation  of  a  certain  sum  of  money  for  a  specified 
purpose. 

Upon  the  right  of  a  township  or  other  municipal  body  to  rescind 
previous  acts  I  call  your  attention  to  Dillon  on  Municipal  Corporations, 
Fifth  Edition,  Section  539. 

Yours  very  truly, 
C.  L.  Young, 
Assistant  Attorney  General. 


105. 

May  10,  1918. 

>fr.  Alfred  Brown, 

R.  P.  D.  No.  2,  Box  6,  Esmond,  N.  D. 

•l!)ear  Sir r  '  '^■'  -■.'•■'-•'- 

Your  letter  of  May  9th.  has  been  referred  to  me,  in  which  you  ask  for 
an  opinion  of  this  oflRce,  giving  the  status  of  the  members  of  the  township 


OPINIONS  OF  THE  ATTORNEY  GENERAL  J9l 

board  where  on  election  there  was  a  tie  vote  and  the  judges  of  the  election 
at  the  town  meeting  failed  to  cast  lots  for  the  candidates  tied. 

I  beg  to  inform  you  that  section  4151  of  the  Compiled  Laws  of  1913 
provides  that  in  case  of  a  tie  vote  for  any  oflfice  the  judges  of  election  shall 
at  once  publicly  by  lot  determine  who  of  such  i)ersons  shall  be  declared 
elected,  and  Section  4172  of  the  same  Code  provides  that  whenever  any 
township  fails  to  elect  the  proper  number  of  officers,  then  the  justice  of  the 
peace  of  the  township,  together  with  the  other  members  of  the  board  of 
supervisors,  shall  fill  the  vacancy  by  appointment.  It  is,  therefore,  my 
opinion  that  where  there  was  no  election,  by  reason  af  a  tie  vote,  for 
township  oflBcers,  that  the  oflfice  is  vacant  and  that  the  justice  of  the  peace 
uind  other  members  of  the  board  shall  fill  the  vacancy. 

Very  truly  yours, 

Wm.  G.  Owens, 
Assistant  Attorney  General, 


106. 

COUNTY  COURT  WITH  INCREASED  JURISDICTION. 

July  22,  1912. 
>lr.  Abram  Baldwin. 
Oberon,  N.  D. 
Dear  Sir: 

We  have  your  lavor  of  July  19th  in  regard  to  the  submission  to  the 
^  oters  of  your  county  of  the  question  as  to  whether  rt*  not  the  jurisdiction 
•<jf  your  county  court  should  be  decreased. 

The  aflSdavit  accompanying  such  petition  must  show  that  the  petition- 
<^-rs  are  qualified  voters  and  taxpayers  of  the  county  and  must  be  verified 
by  at  least  three  of  the  petitioners,  showing  such  facts.  It  is  pur  opinion 
tlmt  the  persons  verifying  such  petition  must  verify  on  positive  knowledge 
and  not  upon  information  and  for  that  reason  the  affidavit  accompanying 
.iir  petition  is  insufficient. 

Yours  very  truly, 
W.  P.  Costello, 
Assistant  Attorney  General. 


107. 

June  30.  1914. 
Tlou.  W.  S.  Wickersham, 
<  riunty  Judge,  EUendale,  N.  D. 
l>earSir: 

Your  letter  to  tlie  attorney  general  at  hand  in  which  you  ask  for  a 
.instruction  of  section  1  of  chapter  78  of  the  Laws  of  1009,  which  provide 


STATE  OF  NORTH  DAKOTA 


how  the  jurisdiction  of  the  county  court  may  be  increased  or  abolished.  ! 
The  law  in  my  opinion  means  that  the  signatures  of  twenty  per  cent  of  1 
the  voters  and  taxpayers  residing  in  the  county  is  sufficient.  In  other  \ 
words  the  petition  must  be  signed  by  twenty  per  cent  of  the  voters  who  '\ 
are  taxpayers.  j 

'*'>  In  my  opinion,  after  the  adoption  of  increased  jurisdiction  of  the  county  ] 
court,  the  county  commissioners  upon  receiving  the  required  petition,  must  j 
submit  the  question  of  abolishing  the  increased  jurisdiction  at  any  general  j 
election  but  after  the  question  of  abolishing  the  increased  jurisdiction  has  J 
once  been  submitted,  it  cannot  be  again  submitted  for  six  years.  f 

Yours  very  truly,  1 

..^o'^O.O.firW  JohnCarmody,  ; 

Assistant  Attorney  General.  ^ 


108. 

1 
BETTING.  ■ 

August  a,  1918.  I 

Mr.  L.  J.  Dinger.  j 

Grano,  N.  D.  ) 

Dear  Sir :  j 

I  have  your  letter  of  July  27th,  addressed  to  the  Governor.  It  ist  ' 
against  the  law  for  any  person  to  bet  on  an  election.  From  your  lettei  j 
I  note  that  one  man  in  every  precinct  is  doing  the  betting,  and  that  ^ 
this  man  is  xmiformly  against  the  League.  A  man's  politics  are  im-  ■ 
m£iterial.  If  he  bets  he  is  disqualified  from  voting  and  his  vote  can  be  ; 
thrown  out  by  proper  action  in  court.  Therefore,  if  you  do  not  want  to  ^ 
have  your  friends  disqualified,  you  should  warn  thom  of  the  consequences  ; 
of  the  act.  I 

Yours  very  truly,  ' 

William  Langer,  j 


Attorney  General.  ) 


I 


INDEX        393 

INDEX 

Section   Page 
ABSENT  VOTERS, 

affidavit   997  183 

application  for  ballot,  form  of 5pj^.,j^j,,^  -  995  182 

furnished  by  comity  auditor ,,,.,,... ,,..,^,,.  996  18^ 

made  when ,^>  i^.y,ff^-^^f,4i..^ , .  993  182 

ballots,  care  of  by  county  auditor ^  ,^^,  ^^.^^ .,,  - .  999  184 

delivered  when  ■.  ....*. .,..  1003  186 

endorsed 1001  185 

marked  how 998  184 

printed  how 994  182 

sent  how    b^Kihrnr 997  183 

Ch.  6,  Sp.  186 

transmission  to  inspector  1000  184 

void  or  rejected  1001  185 

canvass Ch.  6,  par.  4  187 

penalty  , 1004  18ft 

voting,  manner  of 1001  185 

may  vote  before  leaving  county 1002  185 

when  absent  elector  may  vote , . .  992  182 

who  are  993  WS 

Ch.  6,  Sp.  18« 
ABSTRACT  OF  VOTES, 
see  canvass 

made  by  county  canvassing  board  100(»  101 

messenger  sent  for  1014  194 

neglect  to  make,  penalty  0439  310 

publication  of 1009  19t 

see  publication — statement 

transmitted  to  secretary  of  state  874  129 

1013  104 
ACTIONS. 

against  usurping  officer 7971-8  295 

remedies  by    7969  294 

ADVERTISING, 

political,  labeled  paid 937  14S 

rates  for    938  148 

AFFIDAVIT, 

absent  voter   997  183 

naturalization  4382  ,  82 

nomination,  by  candidate  853  1:17 

by  electors 855  120 

party  registration   917  140 

unregistered  elector  for  purpose  of  voting 109C  2tf. 


STATE  OF  NORTH  DAKOTA 


Section   Page 
AGRICULTURAL  EXTENSION  WORK, 

tax  for  2263    223 

ALDERMEN, 

see  Cities 
ALIENS, 

see  Naturalization 

'  enemy 4352  (11)       69 

exercising  riglits  of  citizens 4352  (10)       69 

return  to  native  country,  effect  of 4374      77 

seamen,  deemed  citizens  when  4352   (8)       68 

ALLEGIANCE, 

renunciation  of 4352(1)    (3)       64 

iiS^ARCHISTS, 

not  to  be  naturalized   4363      73 

ANSWER, 

to  notice  of  contest  : 1047    204 

legislative    1071     210 

APPEALS, 

contest  of  election   1054-5-8    206 

nomination 881    131 

APPOINTMENT, 

promise  of,  see  Promise  of  Appointment 
APPORTIONMENT, 

congressional    22-25      91 

judicial Ch.  167      97 

legislative   44      92 

ARREST, 

for  disturbing  election    9276    305 

of  usurping  officer  7973     296 

ASSlfiMBLY, 

right  of  Const.  10      18 

ASSESSORS, 

district,  bond  and  oath   2126    222 

election,  term  2125    221 

nomination 852     117 

township,  bond  4167    286 

election,  term   4087    278 

' '  village,  in  two  counties 3938    268 

ATTORNEY  GENERAL, 

see  Opinions  of  the  Attorney  General 

qualifications,  term Const.  82      26 

^AUDITOR, 

'"'  '        see  County  Auditor 

^'~'         see  State  Auditor 

'•Badges, 

''  •'      '" not  to  be  worn  at  polls 936     147 


INDEX  395 


Section   Page 
BAIiLOTS, 

absent   voters 994     182 

marked  how   ........;............... 998     184 

printed  when 1003    186 

assistance  in  marking  when 988     180 

candidates  names  in  one  column  only 962     165 

color 959     162 

994     182 

constitutional  amendments 959  60     162 

county  seat,  location 3208    227 

removal  3236-39    229 

delegates,  elected  by 898a     135 

delivered  how 965    169 

deposited  in  ballot  box 9fey    181 

destroying,  felony 9278    306 

errors,  how  corrected &»0    177 

evidence/  received  in  ...'.',....'. 1008    189 

examination  of lJ84     179 

filed  with  county  judge .: .. . .  ICJOS    189 

folded  how . 985a     179 

township 4147    283 

form,  agricultural  extension  work  2263    223 

county,  boundaries,  changing 3201    225 

building,  bond  issues 3459    238 

commissioners,  changing  number 3260    231 

division  3205    225 

fairs,  aid  to 1874    219 

dipping  tanks,  establishment  of Ch. "  11    280 

dissolution  of  village '.... .  3JK)3    266 

general 959    162 

highways,  contract  system 4266    291 

purchase  road  machinery ,...,....  1980    220 

Micorporation  of  city ', . ... . .  3554    239 

commission  form 3773    250 

return  to  old  form 3839    259 

village 3848    262 

initiated  ordinance  3836    257 

initiative  and  referendum Const  Art  26      46 

non-partisan   Ch.  117    121 

primary 859    122 

workhouse,  establishment  of 11320    311 

fraudulent  alteration 9256    302 

furnished  by  county  auditor 964    169 

given  to  elector,  how  985    179 

1042    202 
identification  marks,  prohibited 1042     202 


n:2 


4W  STATE  OF  NORTH  DAKOTA 


Section  Page 

individual  nominations,  liow  placed  959  162 

( >  ,        municipal 903  137 

O^j^       name  omitted  for  failure  to  file  expense  statement 940  148 

pa  i        names  of  nominees,  new  organizations 972  173 

r-at    r.i:i:         placed  878  130 

S:8I     MX>                                                                                                         958  161 

0^)1        non-partisan  .^.^^^,,, Cli.  117  121 

7'^^-        not  to  be  removed  from  polling  place  . . . . , Vj. 987  180 

1042  202 

not  voted,  returned  to  judge 1042  202 

number  prepared  964  169 

rxj     ^.^cial  ballot  only,  counted  958  161 

^»0f:    8TL*'         indorsement,  failing  to  make 9279  306 

TTr     0^i>          forging 9279  306 

,;>;     ^,',/          newspaper Ch.  187  150 

party  columns,  how  arranged  , 963  166 

posting  of 966  170 

prepared  how  959  162 

presidential  electors,  names  how  arranged 963  166 

primary,  arrangement  of  names   865  125 


errors  how  corrected  . . . . , ..............  .^ 880  131 

prepared  how 864  125 

presidential   910,  914  13T 

vacancies  how  filled 861  125 

879  130 

printed  at  public  expense  ....,,.,--.'........, ^ 957  161 

questions,  submitted  how  ...,,-..........,..., 959  162 

received  only  by  and  from  judges  or  inspector 1042  202 

rotation  of  names,  primary 865  125 

nonpartisan  Ch.  117  121 

oflScial  newspaper ^ Ch.  187  150 

7t!->    to 

general    '   959  162 

sample,  posting  of -..,..: 964  169 

secret Const  129  3^ 

1042  202 

separate  boxes  for 968  170 

.  .     ,.                                                                                              Ch.  254  155 


spoiled    v-Vf ^^'^  ^^ 

stickers,  to  fill  vacancy '....,.,......  978  177 

use  authorized  857  122 

958-9  161 

Ch.  117  121 

time,  allowed  for  marking  986  180 

township  meeting 4147  283 

unstamped,  not  to  be  deposited 1039  201 


INDBIX  ' 


Section  Page 

vacancies,  how  filled i^^,^^^, p,, . . . ,  1)77  176 

void,  when   ,^.;,^^^j.>^^^^^,^^..,y,^:;006  188 

women,  deposited  in  separate  box v/kt(T  M  V  •••••••  ^^  ^^ 

-ijoiDo           O'-SS*  155 

writing  in  names  •••^«.... 857  122 

'Vh"i^uz^.                       »58-9  161 
BALLOT  BOXES,                                                                     ^^^^j^, 

<^"«tody  of ••••••••wmMfilftfO.v  1008  18» 

destroying,  felony ......,,,,.. „^^^^ft^^^^,^^,.^ 9278  306 

examined ^.,^  .^^  ^j^^^^^.  084  179 

provided  how  ...,^^„^f^>^,  968  170 

separate  for  women 991  182 

Ch.  254  155 

BETTING,  j>9Tir/p9i  isdtnuti  .aoij^ . 

disqualifies,  election  officers .-j^^^g^y^  .^f^^^^^mi  158 

prohibited .'.... .\ . .\^^^^ , ,  0252  801 

BOARD  OF  CONTROL,  .    .      oidj  i        , 

political  activity  prohibited ^^ly^*^\j^.^.^...^f,4...  268  98 

BOARD  OF  COUNTY  COMMISSIONERS,  ,j  .giaaffio 

see  County  Commissioners  ^^^ 

BOARD  OF  RAILROAD  COMMISSIONERS,  Teinaiwi 

see  Railroad  Commissioners  -       .,o..f, 

BONDS.  ^,^^ 

election  for,  auditorium,  play  grounds,  etc 4016  272 

county  buildings  .^.^^^^^^,,,.  3459  238 

municipal .^^^^ji^.^  3599  243 


iir.ijj  otom  jon    ni 


4015  271 

commission  form ,3818  255 

roads  and  bridges ^^^ j,^,^^,  •  * ^•  v.  3747  248 

park  districts    J 4059  274 

townships ~,^.^^^„..,.  4254  290 

villages ..,.♦•....  4015  271 

BONDS,  OFFICIAL, 

additional,  when  required ,^^<,,,^^. ,, .,.,,,^^^^. ..^  v  674  107 

amount  of ..!.... ............^^,,,„  663  104 

approval   ^ r--?v Mi^tf:  ^2  100 

>                        AOO  H; ;«75  107 

anoijuifrilno':)    ^^1  111 

assesor,  district •.8a8y!9*I-XS-->fJ^126  222 

^^^^»^^P •&^9«wM  •  yt^nibn^-^A  4167  286 

city  officers  .^^.j,  ,^15  244 

commission  form  ^^^^  ,.^^,^  3791  253 

anoiJi/diiiflOD  eld  Kill  ?^^  254 

county  commissioners 4^,^  667  106 

surveyor  ......'.'.'.*.'.'.*.'.*.. .*.*.*^5. . .  3425  237 

^^^^^ •  •  •  •  -'/^'^^n^nVtat^  ^rm^  105 


39r  STATE  OF  NORTH  DAKOTA 

Section   Page 

covers  all  duties 680  109 

officers,  acting  without  filing,  penalty 9300  310 

in  new  county 3207  227 

required  to  give 660  99 

official  newspaper Cli,  187  150 

park  district  treasurer,  city 4058  273 

village ' 4067  274 

public  administrator 3440  237 

railroad  commissioners 5Sl  99 

secretary  of  state 131  98 

stateauditor 142  98 

state  bonding  act Ch.  158  101 

state  treasurer  156  98 

sureties,  number  required 673  107 

township,  assessor 4167  286 

clerk 4200  287 

constable 4166  286 

Justice  of  the  peace 4161  285 

officers,  approved  when  4188  287 

where  filed  670  107 

treasurer 4165  285 

village  officers   3869  265 

where  filed   662  100 

BOOTH, 

only  one  person  in ~ . . .  986  180 

provision  for 990  181 

remain  in,  not  more  than  five  minutes  986  180 

BOYCOTT, 

threat  of,  prohibited 9273  305 

BRIBERY, 

disfranchised  for 9285  307 

election  officers 9284  307 

electors 9250-1  301 

for  member  of  congress 10251a  88 

governor Const.  81  26 

member  of  legislature  Const  40  1 

CAMPAIGN  CONTRIBUTIONS, 

see  Contributions 
CAMPAIGN  EXPENSES, 

see  Expenditures,  Limited 
CANDIDATE, 

candidacy  bona  fide 941  149 

charitable  contributions  by 932  146 

defined 195  53 

eligibility 858  122 

expense  statements,  federal 195  53 


INDEX  399 


Section    Page 

state   : 929  145 

faUure  to  file 940  148 

name  in  one  column  only 962  166 

nomination,  afiidavit  and  petition  853-4  117 

Ch.  117  121 

statements,  city    902  137 

publication  of , 924  144 

treating  by,  prohibited 934  147 

CANVASS, 

absent  voter's  ballots  Ch.  6,  par.  4  187 

abstract  of  votes,  filed  by  secretary  of  state 877  130 

1014  194 

by  coimty  auditor 873  128 

1009  llJl 

forwarded  by  county  auditor,  general  1013  194 

primary   874  129- 

messenger  sent  for 1014  194 

time  of  receipt  indorsed 1032  199 

baUots,  void  when  1006  1S8- 

caucus 899  135 

city  elections   3670  247 

constitutional  amendments  and  other  questions 1025  1.97 

errors,  how  corrected,  general  1016  195 

1031  199 

primary  880  131 

general  1005  187 

1009  191 

incori)oration  of  city  3554-56  239 

commission  form  3773  250 

election  after  incorporation 3557  240 

legislative  districts  composed  of  more  than  one  county, 

general  ; * 1010a  193 

primary 875  129 

method  of  counting  votes 1005  187 

neglect  to,  by  county  auditor  9439  310 

oflScial  newspaper  vote Ch,  187  150 

primary 869  127 

public  1018  195 

result,  announced 1007  189 

certificate  of,  general 1019  196 

primary 877  130 

returns,  defective,  how  corrected 1031  199 

how  made 1008  189 

publication  of 1009  191 

what,  canvassed 1027,  30  19& 

township  meeting  4150  283 


STATE  OF  NORTH  DAKOTA 


Section   Page 
'^'^ "     'technicalities  disregarded   1018    195 

1029  198 

1030  198 
tie,  see  Tie  Vote                        fUiinq  bun  nvninv 

village  incorporation    3848    262 

3935    267 

women  votes  869    127 

991    182 
CANVASSING  BOARDS, 

county,  general,  how  composed 1009     191 

tU.i     :;.         meets  when Jiaili, ,»»] 1009    191 

^•'     *^i*^lmary,  how  composed 872    128 

?*4*r     i:7^         meej;s  when  872    128 

presidential  primary   911     138 

state,  general,  adjournment 1017    195 

<'i::     i :fc         j^^^  composed   , %*s*... ^^acalvf . •   1011     193 

Hi  I     » rif        jjj^^^g  ^jjgjj ^  ^  ^  ^^^^^  ««jiiH»»sd» . .  1015     195 

^^^  member  disqualified  ...  .iw«ia&ai  jqift^^i  .Jo  *>«{>. .  1012    194 

'^"'         primary,  how  composed .ivrfw . |»i< 876    130 

meets  when 876    130 

presidential  primary  ..,.,..•• .•,..^,,*,.s»/<,j,jt«^j:^. .  912     139 

CAUCUS,  "JHp  T'jifto  hira  HjifMiihiitiina  I^aoiJuli: 

conduct  of -«««».  worf  .^•«.  899    135 

delegates  elected  at 898a    135 

list  of  voters 900    136 

participation  in  more  than  one,  prohibited 901    136 

9293    308 

^•^      polls  open  when ^jyj, 4o. noiintoq^*  899    135 

•^'-       unlawful  voting  at , uiiujH,  <it>i«'*vv4 . . . . .  9293    308 

<3t9RTIFICATE  OF  ELECTION,   nolimoqjwal  -miU  u 

city  oflScer^  . . ■. w v . u ♦*<. . . Vinx  Jtw. bsts^^iituf*'*  .i*l*.M-i t^A.. %, i  t^i»>  3616    245 

delegates ................ .4*;«i^«t?|j(....  899    135 

-         form   .it-WMH«f^..   1023     197 

^""•^       issued  by  county  auditor .^ai«t<MH»  t*.&f»rt  1009    191 

*^  secretary  of  state i>sfiu  :^aiM)f>  J^i  ^•l  .>j{>i  1020    196 

^^^ '        members  of  congress #M¥r^H*  4«i  1021    196 

legislature „„r.^.  1024    197 

'="'         oflScial  newspaper Ch.  187    150 

'^-l'        neglect  to  issue,  penalty ^Viuaemi" 9439    310 

■*!' ^       presidential  electors ^^dnaS.  .lo  <>4fi»aOv'  •  •  •  1022    196 

-7f;miui   1028  198 
>^9h   ,amf  1065  209 

public  administrator,  filed  with  county  judge 3440    237 

CERTIFICATE  OF  NOMINATION, 

by  conventions, .^♦f^ttVHK'* -^iBf^ 970    171 

'^         by  electors vw.it.-,.,, 971a     171 


INDEX  401 


Section    Page 

by  party  committee  973  174 

contain  but  one  name  for  each  office 972  173 

false,  filing  or  receiving  J)279  306 

suppressing  t)279  306 

void,  if  nominee  declines  ^ 976  176 

when  filed  973  174 

where  filed 971  171 

CHALLENGE, 

affidavit  of  party  challenged 990  181 

by  election  board   956  161 

by  whom  990  181 

for  accepting  intoxicating  liquor 934  147 

registration  1095  215 

township  meeting 4145  282 

CHALLENGERS, 

may  be  employed 936  147 

may  stand  at  guard  rail 990  181 

CITIES. 

aldermen,  inspector  of  election  951  158 

number 3582  242 

3610  244 

qualifications   3585  242 

term 3583  242 

3611  244 
vacancy,  by  removal  from  ward,  3675  248 

how  filled 3584  242 

bond  issues  3599  243 

4014-15-16  270 

council,  designate  voting  places,  when   950  156 

how  composed 3581  241 

judge  of  election  and  qualifications  of  members 3586  243 

debt  limit,  increase  of 3599  243 

4014  270 

election  canvass 3670  247 

districts   3667  246 

nonpartisan   902-3  137 

officers 3670  247 

separate  boxes  and  poll  books  for  each  ward 3667  246 

special 3673  248 

time,  after  incorporation 3557  240 

annual    3666  246 

presidential  years v 915  139 

electors,  who  are 3668  246 

incorporation    3552  239 

froni  unorganized  territory  3556  240 


402  STATE  OF  NORTH  DAKOTA 

Section    Page 

manager   Cm.  80  259 

mayor,  qualifications   3565  241 

term   3565  241 

3611  244 

nonpartisan  nomination  and  election    902-3  137 

officers,  deliver  property  to  successor   3616  245 

enumerated   3610  244 

oath  and  bond  3615  244 

qualifications  3617-19  245 

qualify  when 3672  248 

term 3611  244 

commences    3674  248 

park  commission   405S  273 

polling  places,  designated  how  950  155 

new  wards 3984  268 

registration  1104  218 

3668  246 

roads  and  bridges    3747  248 

waterworks  and  fire  apparatus    3990  269 

CITIES,  COMMISSION  FORM, 

adoption  of — ballots,  form 3773  250 

election 3771  249 

notice  of 3772  250 

result  certified  to  secretary  of  state 3779  251 

bond  issues 3818  255 

commissioners,  bond  and  oath  3791  253 

how  elected  3785  252 

term  3786-88  253 

debt  limit   3818  255 

election,  biennial  3784  252 

first,  when  held  3774  251 

initiative   3836  257 

officers,  bonds  3807  254 

enumerated  3783  252 

oath   3806  254 

qualifications    3787  253 

recall 3835  256 

referendum    3837  258 

return  to  former  system 3839  259 

vacancies    3804-5  254 

wards,  boundaries  how  changed  3782  251 

CITIZENS, 

not  electors,  rights  and  duties 20  90 

repatriation 4352  (12)  70 


INDEX  405 


Section    Page 

right  to  vote U.  S.  Const.  Art.  15  U  19  12 

who  are  13  89 

U.  S.  Const.  Art  14  11 

3946-7  60 

3962  62 

4352   (8)  68 

CITIZENSHIP, 

see  Naturalization 

forfeiture,  by  desertion  3952  61 

by  evading  draft  3954  61 

by  marrying  foreigner  . , 3960  62 

CLERK  OF  DISTRICT  COURT, 

bond    663  104 

docket  of  county  justice  filed  with 9014-15  300 

election,  term  3257  230 

Const.  108  28 

Const  173  36 

names  of  constables  filed  with 4201  288 

names  of  justices  of  the  peace  filed  with 4202  288 

naturalization  duties,  see  Naturali2:ation 
COMMISSIONER  OF  AGRICULTURE  AND  LABOR, 

qualifications,  term  Const.  82  26 

COMMISSIONER  OF  INSURANCE, 

qualifications,  term  CoAst.  82  26 

COMMISSIONERS  OF  RAILROADS, 

see  Railroad  Commissioners 
CONGRESS, 

see  House  of  Representatives,  United  States 
see  Senate,  United  States 

date  of  Assembling Art.  1,  §  4  8 

determine  time  of  choosing  presidential  electors Art  1,  §  1  9 

elections,  time,  place  and  manner Art.  1,  §  4  8 

naturalization  laws  enacted  by  Art.  1,  §  8  9 

CONGRESSIONAL  DISTRICTS. 

apportionment  22-25  91 

U.  S.  17-18  52 
CONSTABLES, 

bond    660  99 

663  104 

4166  296 

county,  election,  term 3257  230 

township,  election,  term  4087  278 

names  of  filed  with  clerk  of  court 4201  288 

oath  of  ofl5ce  4159-60  285 

4166  286 


404  STATE  OF  NORTH  DAKOTA 

Section    Page 
CONSTITUTION,  STATE, 

election  provisions   17 

amended  how   202  38 

Art.  16  45 

Art.  28  49 

amendments,  advertised  hov7 979  177 

Art  26  46 

ballots,  form  of  959  162 

printed  how  960-61  165 

Art.  26  46 

canvass 1025  197 

record  of  result 1026  197 

officers  bound  to  support  211  41 

CONSTITUTION,  UNITED  STATES, 

election  provisions 7 

officers  bound  to  support Art.  6  10 

St.  211  41 

supreme  law  of  land  U.  S.  Art.  6  10 

CONTEST, 

answer   1047  204 

appeals,  1054-55  206 

nomination    881  131 

brought  by  whom  1048  204 

congressional    53 

corrupt  practice 943  149 

costs,  surety  for 1053  206 

county  seat  removal  1051  205 

legislative 

adjournments  1085  212 

answer   1071  210 

depositions,  non-residents  1080  212 

notice  to  take 1073  211 

I                                  taken  without  notice  1076  211 

determined  by  house 33  92 

expenses,  not  paid  by  legislature 1089  213 

fees 1088  213 

notice 1070  210 

to  take  depositions  1073  211 

record,  transmitted  to  secretary  of  state 1086-87  212 

subpoena 1075  211 

duces  tecum   1084  212 

served  how 1077  211 

testimony,  confined  to  issue 1082  212 

reduced  to  writing  1083  212 

taken  when  1072  210 

only  two  places  at  once 1074  211 


INDEX  405 


Section    Page 

witnesses,  attendance  compelled  only  in  county 107S  211 

examination  of 1081  212 

failure  to  attend  1079  211 

nomination    881  121 

notice   1046  203 

county  seat  removal  1051  205 

presidential  electors 

appearance  by  parties  1063  208 

failure  to  appear  1066  209 

application  to  state  grounds  1061  208 

brought  by  whom 1060  208 

costs,  security  for 1061  208 

taxation  of   1067  210 

court,  how  composed   1059  207 

determination  of  board 1065-68  209 

mileage  and  per  diem  1064  209 

notice    1062  208 

procedure   1063-64  208 

procedure  1050  205 

1057-58  207 

remedies  cumulative 1056  207 

testimony,  how  taken    1050  205 

trial  1049  204 

by  referee 1052  206 

village  election 3855  264 

vote  rejected  934  147 

when  to  be  conmienced  943  149 

nominations 881  131 

CONTRIBUTIONS, 

by  candidate,  charitable  932  146 

party  committee   932  146 

by  corporations,  prohibited    933  147 

9295  ;309 

advising   9298  310 

federal    10251  87 

by  life  insurance  companies,  prohibited   4858  293 

for  illegal  purposes  9255  302 

limited,  federnl   195   (7)  55 

state    923  143 

928  143 
CONVENTIONS, 

certificate  of  nomination    970  171 

election  of  delegates  to  S98a  135 

mass,  number  of  electors    971a  171 

national,  election  of  delegates   910  137 

expenses  and  oath  of  delegates 916  140 


406  STATE  OF  NORTH  DAKOTA 

Section  Page 

nominations  by   901a  136 

proxies,  use  of  9294  309 

CONVICT, 

voting  by  misdemeanor  9264  303 

CORPORATIONS, 

see  Contributions 
CORRUPT  PRACTICE, 
federal 

acts  forbidden 195  (6)  55 

candidate  defined   195   (1)  53 

contributions  by  corporations 10251  87 

exceptions 196-7  57 

expenditures,  limited 195  (7)  55 

penalty   198  57 

state  laws,  not  annulled   195   (11)  56 

statement,  contents  of   195    (5)  55 

filed  195,   (2),   (3),  (4)  53 

verification   195    (10)  56 

state, 

attendance  at  polls,  payment  for  prohibited 936  147 

badges,  not  ot  be  worn  at  polls 936  147 

campaign  expenses,  contributor's  names 930  146 

limited,  general   928  145 

primary    923  143 

candidacy  must  be  bona  fide 941  149 

contributions,  by  candidates   932  146 

by  corporations 933  147 

0295  309 

by  life  insurance  companies 4858  293 

contest,  commencement  943  149 

editorial  support,  purchase   937  148 

electioneering  on  election  day   939  148 

1042  202 

expense  statement,  filed  929  145 

failure  to  file  940  148 

forfeiture  of  office 942  149 

penalty 944  150 

political  activity,  institutional  officials 268  98 

political  advertising,  labeled  paid 937  148 

rates  for   938  148 

promises  of  appointment 931  146 

transportation  of  voters  to  polls  936  147 

treating   934  147 

COUNTIES, 

boundaries,  change  in  Const.  168  84 

3199  224 


INDEX  407 


Section   Page 

baUot,  form  of  3201  225 

election,  how  called  3204  225 

notice   3200  225 

limitation    3202  225 

township  officers  hold  over  3201  225 

districts,  county  commissioners,  how  formed 3261  232 

redistricting   3262  232 

in  which  located  91 

division    3205  225 

county  seat  how  located 3208  227 

election  governed  by  general  law   3210  227 

justices  and  constables  hold  over  3207  227 

established  Const.  166  33 

organization  of Const.  167  33 

workhouse,  how  established  11319  311 

COUNTY  AUDITOR, 

absent  voters  applications  J996  183 

ballots,  sent  how   997  183 

care  of  999  184 

furnished  when  1003  186 

abstract  of  votes,  transmitted  by 1013  194 

primary    874  129 

addresses  of  voters,  furnished  by 927  145 

ballots,  columns  arranged  by  963  166 

delivered  how 965  169 

furnished  by  964  169 

presidential  primary    914  139 

bond 663  104 

bonding  act  duties   Ch.  158  101 

canvass  votes   1009  191 

primary   872  128 

legislative  districts,  more  than  one  county 1010a  193 

primary 875  129 

certificate  of  election  issued  by  1009  191 

official  newspaper Ch.  187  150 

certify  names  and  addresses  of  county  officers 1013  194 

result  of  vote  on  county  division 3206  226 

compensation  of  election  officers 1009  191 

county  seat  removal,  statement  filed  3238  229 

election 3257  230 

duties   3374  236 

supplies,  furnished  by   964-5  169 

returns,  filed 1008  189 

primary    870  127 

not  rejected  on  technicality 1029  198 


406  STATE  OF  NORTH  DAKOTA 

1 

Section    Page  j 

expense  statements  filed 929  145  , 

failure  to  canvass  returns,  make  abstracts,  etc 9439  310  i 

instructions,  printed  by  966  170  , 

nomination,  petition  filed  854  118  \ 

official  newspaper  Ch.  187  150  j 

notify  governor  of  vacancy  in  legislature   1033  199  \ 

nominees 873  128  ^ 

precinct  committeemen   889  133  j 

party  organizations,  confiicting  claims   972  173  : 

party  registration  918  142  ; 

poll  books,  furnished  by  967  170  ^ 

publish,  constitutional  amendments  979  177  •■ 

election  notice   982  178  ■ 

findings  of  canvassing  board,  primary    873  128  « 

general 1009  191  j 

list  of  officers  to  be  nominated 866  126  ' 

names  of  candidates  for  nomination  921  143  ' 

nominations 975  175  ) 

qualifies  when 678  108 

redistricting  board 3262    232  | 

register,  filed  with   1098  217  ] 

of  persons  in  military  service Ch,  6  186  I 

registration  supplies,  furnished  by 1103  218  ■ 

party  918  142  \ 

statement  canvassing  board,  filed  with   873  128  j 

tally  books,  furnished  by    868  127  ^ 

term  3257  230  ; 

Const.  173  36  j 

begins    3505  238  j 

tie  vote 1010  193  .^ 

member  legislature  1009  191  J 

township  dissolution 4278  293  ^ 

village  election,  statement  filed  3856  265  1 

COUNTY  COMMISSIONERS,  : 

appoint  district  assessor,  when  2125  221  ' 

inspector,  unorganized  township 9.52  160  . 

justices  and  constables,  when   3258  231  | 

officers  in  new  county  3207  227  ; 

township  officers,  when   4155  284  I 

ballot  boxes,  provide   968  170  a 

bond 667  106  j 

county  seat,  located  by  3208  227  | 

removal   contest    1051  205  a 

county  surveyors  bond,  fixed  and  approved 3425  237  | 

districts,  how  formed 3261  2.32  | 


INDEX  409 


Section    Page 

election   3257  230 

incorporation  of  unorganized  territory 3556  240 

new  county,  appointed  by  governor 3206  226 

nomination  852  117 

number Const.  172  35 

3257  230 

how  changed 3260  231 

submit  questions,  changing  county  boundaries 3199  224 

3204  225 

county  division 3205  225 

county  seat  location  3208  227 

removal    3233  22S 

extraordinary  outlay   3280  234 

increased  jurisdiction  county  court 8926  299 

term  Const.  172  35 

3261-64  232 

township  organization  4072  275 

division 4080  277 

vacancies,  how  filled 697  114 

filled  by  696  113 

village  incorporation   3844  262 

territory  in  two  counties 3934  267 

voting  districts,  establish  950  156 

places,  designate  950  156 

COUNTY  COMMITTEE, 

see  Party  Organization 
COUNTY  COURT, 

established  Const.  110  28 

increased  jurisdiction  Const.  Ill  28 

8926  299 

judge  of  bond  663  104 

bond  of  public  administrator  filed  3440  237 

custody  of  ballots 1008  189 

election 3257  230 

qualification  Const.     Ill  28 

term Const.    110  28 

Const.    173  36 
COUNTY  FAIRS, 

purchase  of  land  for Ch.    102  -220 

tax  for , 1874  219 

COUNTY  OFFICERS, 

bonds 663  104 

state  bonding  act Ch.     158  101 

constitutional  173  36 

election  of  3257  230 


410  STATE  OF  NORTH  DAKOTA 

Section    Page 

name  and  address,  certified  by  county  auditor 1013  194 

nominations  852  117 

Cli.    117  121 

term,  begins  when  677  108 

COUNTY  SEAT, 

location  of  3208  227 

removal,  ballot,  how  marked 3236  229 

constitutional  provision  169  34 

contest 1051  205 

election,  held  how  often 3239  230 

notice 3235  229 

primary    3239  230 

petition  for 3233  228 

subsequent  removal  3240  230 

statement  of  result 3238  229 

when  deemed  changed  3237  229 

when  submitted 3234  229 

COUNTY  SUPERINTENDENT  OF  SCHOOLS, 

bond 663  104 

election  1121  219 

3257  230 

qualifications    1122  219 

term Const.     150  33 

1121  219 
COUNTY  SURVEYOR, 

bond 3425  237 

election 3257  230 

term 3425  237 

COUNTY  TREASURER, 

bond 664-5  105 

election  3257  230 

eligible  for  two  terms  only Const.    173  36 

3259  231 

qualifies  when 678  108 

CRIMES  AGAINST  ELECTIVE  FRANCHISE, 
see  Corrupt  Practice 

act,  applies  to  questions  submitted 1)290  308 

not  applicable  when 9289  308 

attendance  at  polls,  payment  for 9255  302 

ballot,  alteration  of 9256  302 

destroying  9278  306 

oflBcial  indorsement,  failing  to  make,  forging 9279  306 

betting 9252  301 

boycott,  threat  of 9273  305 

bribery— elector  9250  301 


INDEX  fll 


Section   Page 

election  officer 9284  307 

penalty,  disfranchisement 9285  307 

caucus,  unlawful  voting  at 9293  308 

certificates,  defacing,  destroying  or  concealing 9283  307 

of  nomination,  false 9279  306 

challenge,  failure  of  judge  to 9282  307 

to  require  oath 9282  307 

contributions  by  corporations 9295  309 

advising 9298  310 

for  illegal  purposes 9255  302 

convicts,  voting  by  9264  303 

deception  9250  301 

defrauding  elector 9256  302 

destroying  ballots  or  boxes 9278  306 

supplies    9280  306 

disobeying  election  officer 9274-76  305 

disturbance,  creating 9275  305 

double  voting 9258  302 

election  defined 9287-90  307 

officer,  influencing  voter 9250  301 

falsely  canvassing  or  certifying 9283  307 

felons,  voting  by 926i  303 

force   9250  301 

9272  305 

influencing  voter 9250-51  301 

illegally  rejecting  vote 9282  307 

instructions,  defacing 9280  306 

intimidating  electors 9272  305 

intoxicating  liquor   9292  308 

irregularities,  no  defense 9288  308 

mutilating  election  returns 10076  311 

nomination  cetrificates,  destroying 

making  or  filing  false,  suppressing 9279  306 

obstructing  elector 9257  302 

office,  offer  of 9253  302 

communicating  9254  302 

poll  lists,  destroying 9278  306 

false ' 9281  306 

proxies,  regulating 9294  309 

public  meeting,  disturbing 9269  304 

preventing  9270  304 

attendance  at  9271  304 

registration,  false  statements 9267-68  304 

personating  registered  voter 9266  304 

unauthorized  9265  303 


412  STATE  OF  NORTH  DAKOTA 

Section   Page : 

threats 9250 

9272,  73,  75 

votiiig,  by  convict  9264 

double 9258 

unlawfully  at  town  meeting 9263 

unqualified 9259 

advising 9261 

procuring   9260 

wrong  precinct 9262 

DECLARATION, 

of  intention  to  become  a  citizen 4352  ( 1 ) 

of  rights Const.  1      24 

DEBT  LIMIT, 

cities  3599 

political  subdivisions : Const.    183 

Art.      35 

township 4253 

DEFINITIONS, 

election 9287 

measure Art.      26 

DELEGATES, 

election  of,  at  caucus  898a 

national 910  -  916 

DESERTION, 

forfeiture  of  citizenship 3952 

DIPPING  TANKS, 

how  established Ch.    Ill 

DISFRANCHISEMENT, 

for  bribery 9285 

DISTRICT  JUDGES, 

election  Ch.     117 

not  to  act  as  attorney Const.    117 

not  eligible  to  non-judicial  office Const.    119 

qualifications Const.     107 

term Ch.     167 

Const.  104 
DISTRICTS, 

assessor '.  2125 

commissioner  3261-63 

congressional  22-25 

counties  located  in  which  

election 950 

city    : 3667 

township 4271 

judicial Ch.    167 


INDEX  413 


Section    Page 

legislative 44  92 

DRAFT. 

evasion  of,  forfeits  citizenship 3954  61 

foreigner,  release  from  2044b    85 

EDITORIAL  SUPPORT, 

purchase  of  prohibited 937  148 

ELECTION, 

city,  adoption  manager  plan Ch.      80  259 

when  held   3666  246 

commission  form,  when  held 3784  252 

initiative  and  referendum  3836-38  257 

day— holiday,    7297  294 

process  not  to  be  served  1044  202 

defined   9287  307 

freedom  of 3965  63 

general,  when  held  Const     124  32 

946  151 

initiative  and  referendum Art.      26  46 

recall Art.      33  49 

township,  when  held 4086  278 

village,  when  held,  3851  263 

ELECTION  LAWS, 

federal 52 

state 89 

ELECTION  OFFICERS, 

assist  elector  in  marking  ballot 988  180 

bribery  of   9284  307 

canvass,  votes 1005  187 

city 3670  247 

compensation 1009  191 

1045  203 

depositing  unstamped  ballot 1039  201 

disobeying 9274    -    76  305 

electioneering  prohibited 1042  202 

failure  to  appear 952  160 

influencing  voter 9250  301 

interference  with 9275  305 

misconduct  of 9282     -    83  307 

oath 954  160 

official  duty,  failure  to  perform 1041  201 

rejecting  legal  vote,  penalty 1040  201 

who  disqualified 951  158 

clerks. 

appointed  how 953  160 

city  election 3557  240 


414  STATE  OF  NORTH  DAKOTA 

Section   Page 

poll  lists,  kept  by 955 

making  false  928. 

primary 871 

registration  109 

qualification 96S 

inspectors 

announce  result  of  canvass  1007 

appointed  how   951 

unorganized  township   952 

ballots,  absent  voters,  sent  to  1000 

delivered  to   965 

given  to  elector  by  985 

posting  sample  964 

stamping 985 

unstamped  not  collected 1039 

booths,  provided  by 990 

challenge,  duty  to 956 

failure  to 9282 

to  require  oath 9282 

examine  ballots  and  box  at  opening  of  polls 984 

party  enrollment  books,  delivered  to 919 

poll  books,  delivered  to 967 

proclaim  time  of  closing 983 

registration,  member  board  of 1090 

returns,  made  by 1008 

unorganized  township,  post  election  notice 922 

village  incorporation  election   3847 

vote,  illegally  rejecting  1040 

9282 

voting  places,  designated  by,  when 950 

who  are,  ex  oflScio  951 

judges, 

appointed  how  951 

ballots,  aflSx  stickers,  when  978 

deposit  in  box 989 

received  from  and  given  to 985 

1042 

stamping 985 

unstamped  not  deposited 1039 

challenge,  duty  to  956 

failure  to 9282 

city  election   3557 

3670 

falsely  canvassing  or  certifying  9283 

I)Ost  instructions  966 

presidential  primary 915 


INDEX  415 


Section    Page 

registration,  member  of  board 1090  213 

require  elector    to  vote  party  ballot 919  142 

statement  filed  with  returns 870  127 

vote,  rejecting  illegally  1040  201 

ELECTION  SUPPLIES, 

ballots 957  161 

presidential  primary   914  139 

ballot  boxes • 968  170 

blanks  for  returns  from  county  auditor 969  170 

booths  990  181 

destroying,  penalty    9280  306 

furnished  how  964-7  169 

instructions    966  170 

poll  books   967  170 

registration   918  142 

tally  books 868  127 

ELECTIONEERING, 

on  election  day  prohibited 939  148 

1042  205 
name  of  preferred  candidate  not  to  be  divulged 

at  polling  place 988  180 

ELECTORS, 

assisted  in  marking  ballot,  when 988  18( 

bribery  of 9250  301 

offers  of  office  9253-54  302 

city 3668  246 

defrauding    9256  305 

disqualified,  by  accepting  drink 934  Ml 

educational  test Art.  2  42 

eligible  to  office 19  90 

intimidating   9272  305 

list  of,  in  military  service Ch.        6  186 

obstructing    9257  302 

powers  of  township  meeting 4088  279 

privilege  from  arrest,  when Const.    123  31 

registration  1090  213 

non-registered  vote  how 1096  216 

residence   14  89 

Const.   125-6  32 

Art.       36  51 

voting,  double 9258  302 

manner  of 985a  179 

right  to  vote 3966  63 

Art.  15-19  12 


416  STATE  OF  NORTH  DAKOTA 

Section   Page 

unqualified  0259  303 

who  are 948  15S 

950  155 

constitutional 121  30 

Art.  2  42 

Art.    37  51 

city   3668  246 

for  increasing  municipal  debt  limit 4014  270 

women Art.      37  51 

U.  S.       19  13 

for  certain  oflficers Const.     128  32 

Ch.    254  155 

991  182 
ELECTORS,  PRESIDENTIAL, 

certificate  of  appointment 205  58 

1022  196 

certificates  by 207    -    11  59 

compensation 1038  201 

■     contest 204  58 

1059  207 

how  chosen Art.  2,  Sec.  1  9 

946  151 

meet  when 1037  200 

messenger,  mileage 213  60 

names  arranged  on  ballot  how 963  166 

nomination   910  137 

number Art.  2,  Sec.  1  9 

200  57 

proclamation  of  election 1028  198 

qualifications Art.  2,  Sec.  1  9 

time  of  appointment 199  57 

202  57 
vacancies,  how  filled 201  57 

1037  200 

votes,  how  cast Amd.  Art.  12  10 

203  57 
206  59 

ENGLISH, 

knowledge  of,  requisite  to  naturalization 4364  73 

EXPENDITURES,  LIMITED, 

congressional  elections 195  53 

general  928  145 

primary   923  143 

FAIRS, 

county, 

tax  for 1874  219 


INDEX  417 


Section   Page 

purchase  of  land  by  county  Ch.    102  220 

township  aid Ch.    261  279 

FEES, 

filing  nominating  petition S53-5  117 

legislative  candidate  885  133 

naturalization    f.     4352     (7)  66 

4372  75 

4377  79 
FELON, 

voting  by,  misdemeanor 9264  303 

FORFEITURE, 

of  citizenship,  for  desertion 3952     -    54  61 

by  marrying  foreigner 3960  62 

for  avoiding  draft 3954  61 

of  oflice,  acting  without  qualifying 9300  310 

corrupt  practice  942  149 

FORMS, 

See  Ballots 

See  Oath  of  Office 

affidavit  of  absent  voter  997  183 

of  candidate  for  nomination 853    -      5  117 

of  witnesses,  naturalization 4382  82 

application  for  absent  voters  ballot 995  182 

certificate  of  election 1023  197 

naturalization  4382  83 

nomination 970  171 

declaration  of  intention  4382  80 

party  registration 917  140 

petition  for  naturalization  4382  81 

nomination   853    -      6  117 

city 902  137 

non-partisan Ch.    117  121 

FREE  LIBRARIES, 

how  established  4007  270 

FREEDOM  OF  ELECTIONS, 

interference  with  prohibited 3965  63 

GENERAL  ELECTION, 

See  Election 
GOVERNOR, 

appoint  commissioners  in  new  county 3206  226 

bribery  of Const.       81  26 

certificates  of  election,  signed  by, 1021-    23  196 

election  of Const.      74  25 

impeachment Const.    196  38 

presidential  electors,  certify  appointment  of 205  58 

deliver  certificates  to 1065  209 


418  STATE  OF  NORTH  DAKOTA 

Section    Page 

proclamation  of  result  1028  198 

qualifications  Const.       73  25 

special  elections,  called  by 1033-    34  199 

Const.  Art.       26  46 

term i Const.       71  25 

vacancies,  filled  by Const.       78  25 

696  113 

1033-    34  199 

supreme  court  Const.      98  28 

veto  power,  does  not  extend  to  measures  submitted 

to  electors Art.      26  46 

GREAT  SEAL Const.    207  40 

HIGHWAYS, 

contract  system 4266  291 

purchase  of  road  machinery   1980  220 

4269  292 
HOLIDAYS, 

election  day 7297  294 

HOUSE  OF  REPRESENTATIVES,  STATE, 

See  Legislative  Assembly 
HOUSE  OF  REPRESENTATIVES,  U.   S., 

apportionment,  state 22-25  91 

choose  president,  when   Amd.  12  10 

composed  how Art.  1,  Sec.  2  7 

election,  how  regulated Art.  1,  Sec.  4  8 

expense  statements  of  candidates 195  (2)   (4)  53 

judge  of  election  and  qualification  of  members ....  Art.  1,  Sec.  5  8 

members,  elected  by  districts  17  52 

representatives  at  large,  when   18-19  52 

how Art.  1,  Sec.  2  7 

when  21  52 

946  151 

ineligible  to  certain  oflSces Art.  1,  Sec.  6  8 

qualifications  of Art.  1,  Sec.  2  7 

qalifications  of  electors  Art.  1,  Sec.  2  7 

time  of  election 21  52 

946  151 

vacancies  how  filled Art.  1,  Sec.  2  7 

23  53 

1033  199 

votes,  how  cast 24  53 

IMPEACHMENT, 

by  house  Const.     194  37 

tried  by  senate 195  37 

who  subject  to 196  38 


INDEX  419 


Section    Page 

INDIANS, 

citizens 3951  60 

jurisdiction  over  lands  of Const.  203  39 

who  may  vote Const.  121  30 

Art      2  42 

Art.     37  51 

948  152 

INITIATIVE, 

state Art.     15  43 

Art.     26  46 

applied  to  constitutional  amendments Art.    16  45 

Art.     28  49 

cities  under  commission  form 3836  257 

INSPECTORS  OF  ELECTION, 
See  Election  OflBcers 

INSTRUCTIONS, 

defacing,  penalty * • 9280  306 

posting   966  170 

INTOXICATING  LIQUOR, 

giving  or  accepting  prohibited 934  147 

selling  or  giving  on  election  day 9292  308 

vote  rejected,  for  accepting 934  147 

JUDGE   OF    ELECTION, 
See  Election  OflBcers 

JUDGES, 

of  county  court,  see  County  Judge. 

of  district  court,  see  District  Judge 

of  supreme  court,  see  Supreme  Court  Judges 

JUDICIAL  DISTRICTS, 

established ^ Const.  104-6  28 

Ch.  167  97 

JURISDICTION, 

Indian  lands Const.    203  39 

military  reservations  204  40 

naturalization  Const.  Art.  1,  Sec.  8  9 

4351  63 

JUSTICES  OF  THE  PEACE, 

additional  when 3258  231 

authorized   Const.     112  29 

bond   660  99 

663  104 

city 3610-11  244 

county,  docket  where  deiwsited  9014-15  300 

election 3257  230 

legislature,  may  abolish Const.  112  29 

office,  where  kept 9003  30O 


420  STATE  OF  NORTH  DAKOTA 

^— _____ _  I 

Section   Page  ' 

right  to  hold  oflSce  upon  organization  of  new  county 3207 

township,  bond  and  oath 4161 

election,  term 4087 

vacancies,  how  filled 4173 

LEGISLATIVE  ASSEMBLY, 

apt)ortionment  Const.      29 

Const.      35 
Const.      44 

constituted  how Const.      52 

contests 33 

1070 

districts,  how  formed Const.      29 

how  numbered Const.      30 

each  house,  judge  of  election  and  qualifications 

of  member 33 

Const.    47 

elect  governor  and  lieutenant  governor,  when Const.      74 

house  of  representatives, 

impeachment  by  Const.     104 

members,  number  Const.      32 

qualifications Const.       34 

term Const.      33 

meeting  of,  when  and  where Const.      53 

members,  bribery  of Const.      40 

certificate  of  election  1024 

nomination 852 

not  eligible  to  certain  offices Const.      39 

qualifications Const.  37,  38,      47 

resignations  684 

term  begins Const.      41 

senate,  *" 

classification Const.      30 

impeachment,  tried  by  Const.     195 

number Const.  26.       29 

qualification  Const.      28 

term  Const.      27 

vacancies,  how  filled Const.      44 

1033-35 
LEGISLATIVE  POWER, 

where     vested  Const.     25, 

Art.      15 
Art.       26 
LIBRARY, 

free,  established   4007      ! 

LIEUTENANT  GOVERNOR, 

act  as  governor,  when Const.      72 


INDEX  421 


Section   Page 

election  of Const      74,  25 

qualifications   Const.       73  25 

term Const.      72  25 

LIFE  INSURANCE  COMPANIES. 

political  contributions  by  4858  293 

MANDAMUS, 

to  compel  admission  to  oflSce 8457  297 

MAYOR, 

election,  term   3610-11  244 

qualifications,  term  3565  241 

vacancy,  how  filled 3566  241 

MILITARY  RESERVATIONS, 

jurisdiction  over Const.    204  40 

MUNICIPAL  CORPORATIONS, 
See  Cities 
see  Townships 
see  Villages 

organization  under  general  law Const,     130  33 

NATIONAL  COMMITTEEMAN. 

how  elected  910  137 

NATURALIZATION, 

Africans  4358  72 

alien  seamen,  deemed  citizens  when 4352   (8)  68 

soldiers  and  sailors 4352  (7)  66 

aliens,  exercising  rights  of  citizens  4352  (10)  69 

returning  to  native  country 4374  77 

anarchists,  not  to  be  4363  73 

blanks,  how  furnished   4351  63 

Cfiucellation  of  certificate 4374  77 

character  of  applicant 4352  (4)  65 

children 4367  74 

Chinese,  not  to  be  4359  72 

citizenship  text  book 4352  (9)  69 

clerk  of  court,  duties 4371  75 

3387  236 

crimes  4375  78 

4379  79 

10242  85 

10249  87 

declaration  of  intention 4352(1)    (7)   (10)    (11)  64 

effect  of  withdrawal 2044b  85 

non<-itizens,  owing  allegiance   4366  73 

form 4382  80 

declaration  to  support  constitution  and  laws 4352  (3)  65 

English,  knowledge  of,  required   4364  73 

fees   4372  75 


422  STATE  OF  NORTH  DAKOTA 

Section   Page 

fees,  not  charged  when  Filipmos 4352  (7) 

forms 4382 

Hawaiian  Islands  4361 

hearing 4368 

United  States  representatives  at  4370 

jurisdiction   4351 

laws  enacted  by  congress Const.  Art.  1,  Sec.  8 

minors 4352  (6) 

,  4365 

4367 

name  may  be  changed 4354 

negroes 4358 

penalties 4375,  4379 

.       10242,  10249 

petition 4352  (2) 

final  hearing  on 4368 

form   * 4382 

notice  of  filing 4353 

not  to  be  heard  during  30  days  preceding 

election  4354 

exception 4352  (7) 

time  for  filing   4354 

polygamists,  not  to  be 4363 

Porto  Ricans 4352  (7) 

records 4373 

(13) 

residence 4352  (4) 

4361 
4366 
4369 

repatriation 4352  (12) 

United  States  representative  at  hearing 4370 

widows 4352   (6) 

4365 
NEWSPAPER. 

oflicial,  election Ch.     187 

political  advertising   037-8 

NOMINATION. 

by  convention 901a 

by  electors  971a 

law  not  repealed 884 

by  new  organizations  not  prohibited 972 

by  rival  party  organizations  '.     972 

by  stickers 857 

certificates  of,  see  Certificates  of  Nomination. 

false,  making,  filing  or  receiving 9279 


INDEX  423 


Section   Page 

certified  to  county  auditor 920  143 

974  175 

liow   , 970  171 

contest 881  131 

for  more  tlian  one  office  prohibited 972  173 

individual,  liow  made 971a  171 

how  placed  on  ballot 959  162 

non-partisan   Ch.     117  121 

municipal    902  137 

participation  in,  of  more  than  one  person  for  each 

office  prohibited 972  173 

partisan 851  116 

petition,  form   853-5  117 

presidential  electors  910  137 

publication  of 975  175 

failure,  does  not  invalidate,  when 977  176 

publicity  pamphlet 924-5  144 

suppressing:,  felony 9279  306 

U.  S.  senator 863  125 

vacancy,  how  filled 979  130 

977-8  176 

void  if  nominee  declines 976  176 

NONPARTISAN, 

county,  judicial,  school   Ch.     117  121 

municipal    902  137 

NOTICE. 

caucus 898a  135 

city  election  3666  246 

bond  issues 3599  243 

4015  271 

4018  272 

road  and  bridge  3747  248 

incorporation  3553-56  239 

first  after 3557  240 

commission  form  3772  250 

filling  vacancy 3673  248 

recall 3835  256 

contest 1046  203 

legislative   1070  210 

nomination  881  131 

presidential  electors 1061-62  208 

county  .seat  removal   3236-37  229 

election 981  178 

changing  county  boundaries 3200  225 

county  buildings,  bond  issues 3459  238 

county  seat  removal  3235  229 

extraordinary  outlay 3281  234 


424  STATE  OF  NORTH  DAKOTA 

Section    Page- 
increased  jurisdiction,  county  court. 8026  299 

park  district,  bond  issues  4059  274 

nominees,  to 873,  5,  7  129 

officers  elected,  to city, 3672  248 

township — 4154  284 

to  be  nominated 866  126 

primary  election 921  143 

posting  of   922  143 

presidential  914  139- 

tie  vote,  determination  of 883  133 

township,  annexing  territory 4073  275 

dissolution 4277  292 

division 4080  277 

meeting,  annual 4086  278 

first    4075  276 

special    4139  281 

village  election 3850  263 

dissolution   3903  26^ 

incorporation    3845  262 

territory  in  two  counties 3934  267 

OATH  OF  OFFICE, 

assessor   2126  222: 

city  commissioners  3791  253 

city  officers 3615  244 

commission  form 3806  254 

constable    4166  286- 

constitutional >.... 211  41 

court,  presidential  elector  contest 1059  207 

election  officers 954  160^ 

indorsed  on  bond 661  100 

justice  of  the  peace 4161  285 

national   delegates 916  140 

park  commissioner 4058  273 

village 4067  274 

public  administrator 3440  287 

railroad  commissioners 581  99 

township  officers 4159  285 

village  officers 3858  265 

OFFICE, 

offer  of,  to  influence  vote   " 92.53-4  302^ 

usurping  or  falsely  assuming  9802  310 

where  kept 706  115 

justice  of  the  peace 9008  300 

OFFICERS, 

acting  without  qualifying,  misdemeanor  9800  310' 

action  against  usurping 7971  295- 


INDEX  425 


Section   Page 

admission  to  office,  by  mandamus  8457  297 

allow  use  of  buildings  and  parks  for  public  meetings..  Ch.  191  150 
bonds,  see  Bonds,  Official 

bound  to  support  constitution   Art.  6  10 

Const.  211  41 

city   3610  244 

under  commission  form 3783  252 

county 3257  230 

deliver  public  property  to  successor 682  111 

695  113 

3870  266 

4238-41  288 

disabilities  Art.  14  12 

election,  see  Election  officers 

eligibility,  in  general 19  90 

impeachment  Const.  196  38 

list  of  those  to  be  nominated  866  126 

municipal,  nonpartisan  election   902  137 

oath,  see  Oath  of  Office 

omitting  to  i)erform  duty  9432  310 

qualify,  when  678  108 

failure  to 679,  683  109 

canvassing  votes  not  polled  at  established  precinct 1030  198 

contest,  failure  to  obey  subpoena 1079  211 

contribution,  by  corporations  10251  87 

9295  309 

by  life  insurance  companies 4858  293 

corrupt  practices  act,  federal  198  57 

state 935  147 

944  150 

crimes  against  elective  franchise  9250-51  301 

depositing  unstamped  ballot 1039  201 

destroying  registration  list  1091  214 

destroying,  supplies,  lists  9280  306 

double  voting   9258  302 

electioneering  on  election  d  ly  939  148 

1042  202 

expense  statement,  failure  to  file 929  145 

failure  to  perform  official  duty 1041  201 

9432  310 

to  file  docket,  with  clerk  of  court 9015  300 

of  election  officer  to  obey  subpoena  of  cnvassing 

board 1031  199 

false  certificates,  making 9279  306 

forfeiture  of  office,  for  corrupt  practice 942  14' » 

forging  official  indorsement   9279  30{; 


426  STATE  OF  NORTH  DAKOTA 

Section  Page 

intimidating  electors   9272  305 

intoxicating  liquor,  selling  or  giving  away 9292  308 

mutilating  election  returns 10076 

naturalization  laws  4375-79 

10242-49 

participation  in  more  than  one  caucus 901 

perjury  990 

proxies,  unlawful  use  of  9294 

refusing  use  of  public  buildings  and  parks  for  public 

meeting    Ch.   191 

to  deliver  records 7976 

removal Const.     197 

for  political  activity   268 

township 4087 

village 3854 

OFFICIAL  NEWSPAPER, 

election  of Ch.     187  150 

OPINIONS  OF  THE  ATTORNEY  GENERAL. 

absent  voters  act 83  84  374 

applies  to  presidential  primary 44  345 

betting 108  392 

candidate,  see  nomination 

eligibility  at  time  of  election   12  326 

for  two  offices    79  371 

moving  from  one  precinct  to  another 13  326 

name  in  one  column  only  74  368 

right  of  appointee  of  bo;'rd  of  control,  to  be 14  327 

canvass    85  375 

85a  375 

86  375 

challengers  81-82  372 

constitution,  how  revised 10  320 

corrupt  practice  act 53-64  352 

contributions  and  expenditures 54-55  352 

61-63  357 

filing  expense  statements 59-60  356 

64  360 

political  advertising  plate  matter 53  352 

transportation  of  voters  57  355 

county  court,  petition  for  increased  jurisdiction 106-107  391 

country  treasurer,  term,  four  year  limitation 4-9  315 

election  of  officers,  party  representation 68  362 

election  supplies,  how  furnished 71  365 

inspectors,  appointed  by  city  commissioners '43  344 

legislators,  eligibility  to  office  created  during  term  ........        3  314 

holding  other  office  ; 1-2  312 

municipal  elections,  city 88-94  379 


INDEX  427 


Section   Page 

official  ballot 32  338 

35  338 

36  338 
38  338 

polls  open  when  93  382 

village 95-98  385 

nominations,  affidavit  provision  unconstitutional 16-18  328 

candidate  need  not  be  eligible  at  date  of  primary       16  328 

fee  provision  unconstitutional 19-20  330 

24  333 

individual,  how  placed  on  ballot 69-70  363 

number  of  signers  74  368 

principles,  statement  of 75-76  369 

qualifications  of  signers 78  370 

sufficiency  of  i)etition  73  367 

time  for  filing  72  366 

77  369 

municipal   30-38  337 

petition,  number  of  signers  in  each  precinct 21  331 

no  party  votes 22  332 

74  368 

nonpartisan 23  332 

27  334 

time  for  filing 17  329 

to  fill  vacancy 24-25  333 

notice  of  election,  removal  of  county  seat 87  378 

official  newspaper,   ballot 65  361 

party  registration,  cannot  be  changed 49,  51  349 

person  in  district,  not  registered 

cannot  vote  party  ballot 48,  50  348 

police  magistrate,  city  under  commission  form 94  384 

precinct  committeeman,  names  not  printed  on  ballot 29  337 

precincts,  city 67  362 

village 66  361 

presidential  primary 39-47  342 

absent  voters  law  applies 44  345 

candidates,  file  expense  statement 45  346 

petition,  form  46  347 

delegates,  how  elected  41  343 

47  347 

entitled  to  expenses  when 42  344 

petition  number  of  signers   45  346 

43  344 

notice,  liow  given 39  342 

election  board 40  342 

parties  entitled  to  ballot 44  345 


STATE  OF  NORTH  DAKOTA 


Section    Page 

polling  places    40  342 

registration  44  345 

publication,  initiative  and  referendum 80  371 

publicity  pamphlet,  candidates  statement   52  351 

referendum  petitions,  when  filed 11  325 

sheriff,  term,  four  year  limitation 4-9  315 

township,  officers,  term 100-101  387 

special  meetings  103-104  389 

tie  vote 105  390 

village  residents,  not  electors 99  387 

not  eligible  to  office  102  389 

vacancies,  alderman  moving  from  ward 15  327 

non-i)artisan  ballot  26  334 

28  335 

village,  election  of  trustees  95-98  385 

PARK  COMMISSIONERS, 

city,  4058  273 

village 4067  274 

PARKS, 

used  for  public  meetings Ch.    191  150 

PARTY  COLUMNS, 

how  arranged  on  ballot 963  16& 

PARTY  ORGANIZATION, 

caucus  and  conventions  398a  135 

county  committee 890  134 

chairman,  member  canvassing  board  872  128 

nominate  judge  of  election 951  158 

sign  notice  of  caucus  898a  135 

fix  basis  of  representation  898a  135 

national  committromiii  rnd  del<  ?;tos   910  137 

platform,  how  adopted 890  134 

precinct  committeeman 889  133 

state  committee,  chairman,  member  of  canvassing  board     876  130 

usage  and  custom  prevails   898  135 

vacancies,  how  filled   879  130 

PARTY  REGISTRATION, 

how  made 917  140 

when,  on  primary  day  919  142 

PENALTIES, 

absent  voters  law  1004  186 

bribery 10251a  88 

9250  301 

9284,  85  307 

registration,  illegal   1102  218 

false  statements  1097  217 

unauthorized  9265  30a 


INDEX  429 


Section   Page 

personating  registered  voter 9266  304 

rejecting  legal  vote 1040  201 

township  clerk,  failure  to  file  names  of  constable  and 

justice  of  the  peace   4203  288 

officer,  acting  without  qualifying 41^9  286 

usurping  office 7979  297 

violating  election  laws,  general 1042-43  202 

voting,  unqualified 9250-60  303 

at  caucus 9293  308 

PEOPLE, 

who  are 12  89 

PETITION', 

change  in  county  boundaries   3199  224 

4204  225 

number  of  county  commissioners 3260  231 

cities,  candidates  for  office 902  137 

incorporation 3552  239 

3556  240 

commission  form  3771  249 

return  to  old 3839  259 

road  and  bridge   3747  248 

city  manager   Ch.  82  59 

constitutional  amendment Art.  28  49 

county  commissioners  districts,  redistricting 3262  232 

division 3205  225 

seat,  location 3208  227 

removal 3233  228 

3240  230 

increased  jurisdiction,  county  court 8926  299 

initiative Art.  26  46 

city,  commission  form 3836  257 

naturalization 4352  64 

4354  72 

form    4382  81 

nomination  853-6  117 

municipal '. 902  137 

non-partisan  Ch.     117  121 

presidential  primary    910  137 

public  meetings,  use  of  public  buildings  or  parks Ch.    191  150 

recall Art.  33  4? 

city,  commission  form 3835  256 

referendum   Art.  26  46 

city,  commission  form  3837  258 

right  of Const.  10  18 

special  election 3374  236 

township  organization  4072  275 


430  STATE  OF  NORTH  DAKOTA 

Section    Page 

division  4080  277 

dissolution  4277  292 

village  incorporation   3843  262 

territory  in  two  counties   3934  267 

dissolution  3903  266 

PLATFORM, 

adopted  by  state  committee 890  134 

PLURALITY, 

See  Votes 
POLICE  MAGISTRATE, 

authorized Const.    113  2{ 

election,  term 3(>10-11  244 

POLITICAL  ADVERTISING, 

labeled  paid 937  14c' 

rates  for 938  148 

POLITICAL  INFLUENCE, 

by  board  of  control  or  appointees 268  9^ 

POLITICAL  POWER, 

inherent  in  the  people  Const.  2  17 

POLL  BOOKS, 

contents,  delivery  of   967  170 

POLL  LIST, 

caucus 0293  308 

destroying  9278  306 

false  9281  306 

general 955  161 

primary 871  127 

registration 1091  214 

1097  217 

township    4148  283 

POLLING  PLACE, 

designated,  how  950  155 

by  city  council  3666  246 

3984  268 

entrance,  not  to  be  obstructed 1042  202 

township,  divided 4081  277 

meetings    4086  278 

POLLS,  OPEN  WHEN, 

caucus 899  135 

city    3666  246 

commission   form    3784  252 

general  983  179 

primary   869  127 

presidential 915  139 

township 4143  282 

village,  annual 3852  264 


INDEX  431 


Section   Page 

incorporation 3846  262 

POOR  FARM, 

established  how  ....... 2529  224 

POUNDS, 

township 4249  290 

PRECINCT, 

formed  how 950  155 

in  cities   3667  246 

townships 4081  277 

4271  292 

villages  in  two  counties  3934  267 

PRECINCT  COMMITTEEMAN, 

elected  how 889  133 

PRESIDENT, 

candidate,  name  on  ballot 963  166 

nomination  of 910  137 

election   Art.  12  10 

oath  of  office Art.  2,  Sec.  1  9 

qualification    Art.  2,   Sec.  1  9 

term  Art.  2,  Sec.  1  9 

PRESIDENTIAL  ELECTORS, 
See  Electors,  Presidential 

PRESIDENTIAL    PRIMARY, 

election  of  delegates 910  137 

PRIMARY  ELECTIONS, 
see  Ballots 
see  Petition 
see    Publicity    Pamphlet 

campaign  expenses  limited 923  143 

county  seat  location 3208  227 

removal 3239  230 

eligibility  of  candidates 858  122 

errors  how  corrected 880  131 

held  when 852  117 

intent  of  act 851  116 

list  of  officers  to  be  nominated   866  126 

must  vote  party  ballot  859,     860  122 

915  139 

919  142 

non-partisan Ch.    117  121 

notice   921  143 

posting 922  143 

penal  code  applicable  887  133 

polls  open  when  869  127 

presidential    910  137 


432  STATE  OF  NORTH  DAKOTA 

Section    Page 

provisions  of  general  law  applicable 867  126 

882  132 

914  129 

registration 871  127 

tally  books 868  127 

vacancies,  how  filled  861  125 

PRINCIPLES, 

stated  in  certificate  of  nomination  970  171 

petition  for  nomination,  municipal 902  137 

PRIVILEGES, 

special  prohibited Const.  20  18 

PROCESS, 

civil,  not  to  be  served  on  election  day 1044  202 

PROMISES, 

of  appointment 195  (6)  55 

,;                                                                                                                       9253  302 

statement  filed 195  (5)  55 

929-30  145 

PROXIES, 

'  ■           must  be  from  district  represented   9294  309 

PUBLIC  BUILDINGS, 

bond  issues   3459  238 

joint  ownership  Ch.  45  158 

question  of  erection  submitted  to  electors 3280  234 

use  of.  for  public  meetings Ch.  191  150 

PUBLIC  MEETING, 

disturbing   9269  304 

may  use  public  buildings  and  parks,  when Ch.    191  150 

preventing  9270  304 

attendance  at  . , 9271  304 

PUBLIC  PLACES, 

township,  how  designated 4248  289 

PUBLICATION, 
see  Notice 

abstract  of  votes 1009  191 

constitutional  amendment,  record  of  adoption 1026  197 

method  of   961  165 

979  177 

V                                                                                                                Art.  26  46 

initiated  and  referred  measures Art.  26  46 

ordinance   or   other   question    3836  257 

nominations 975  175 

notice  of  election   982  178 

primary 921  143 

questions  submitted  to  electors  3282  235 

statement,  candidate  for  nomination 924  144 


INDEX  433 


Section   Page 

statement,  comity  canvassing  board 873  128 

state  canvassing  board  1020  196 

primary 877  130 

township  by-laws 4156-57  284 

PUBLICITY  PAMPHLET, 

address  of  voters 927  145 

constitutional  provision  Art.  26  46 

provision  for    924  144 

rates  925  145 

Art.  26  46 
QUESTIONS,                                                      • 

advertised  how 979  177 

canvass  of  vote 1025  197 

criminal  laws  apply 9290  308 

submitted  how  959  162 

RAILROAD  COMMISSIONERS, 

qualification,  term Const.  82  26 

members 579  99 

oath  and  bond  581  99 

RECALL, 

city,  commission  form 3835  256 

state  wide Art.  33  49 

REFERENDUM, 

city,  commission  form 3837  258 

constitutional Art.  26  46 

REGISTER  OF  DEEDS, 

bond 663  104 

election  Const  173  36 

qu;iIificatlon,  term Const.  173  36 

REGISTRATION, 

Act,  applicable  where 1104  218 

board,  compensation  1100  217 

how  constituted 1090  213 

meets  when  1090  213 

1093  215 

proceedings  public 1094  215 

vacancies  how  filled  1101  217 

city  elections 3668  246 

false  statements 1097  217 

9267  304 

illegal,  penalty 1102  218 

non-registered  elector  votes  how 1096  216 

party 917  140 

enrollment  books  returned  when 918  142 

subsequent  enrolllment  how 918-9  142 

payment  for,  prohibited 936  147 


434  STATE  OF  NORTH  DAKOTA 


primary  election .l^.TO^m>:^  'I'j  i  fA  ■  •  ^  ? 

isters,  filed  with  county  auditor Vrsiov  '?o  gV*'*  W 


G^l 


2li 
215 


80S 
291 


^    ^-     -ewpredncts  ...././..;.... •..;j.-^:^^^^ 

^^^  ^^^'      revision  of .::;::: i ::  J! :::::::: J ::::::::  1094, 5  215 

"^^      "^^          what  to  contain V  W^  ^^^ 

„„,      Matement  by  canvassing  board,  number  of  electors        ;..,^..,' 

„^.     -            registered •  • ;  *,••?  •  •■••-•;    ?■  ^  ^  ° 

^^^jj^plies  furnished  by  county  auditor .^^^^.  .^.^.,^.^^.^.,.  1103  218 

,;ij^authorized  .... ....  .V. ... . .......  ..^■.•. ....  .^^  'Ceftm,.?^?^  ^ 

women,  listed  in  separate  column  •  •  ■g^a^tJxggtMi^O^-n/^V?^- t^f 

^HGIOUS  LIBERTY, onoi  ,noit,..iinK.^^  ^^ 

guaranteed Coi^t.  203  39 

^LICJIOUS  TEST,                                 .    ;,'    '''^^''Vbn^dbnBd,./^  ^^ 

as  qualification  for  oflBce,  prohibited '^^^ i"  ^ 

Jl|SID.EINCE,                                                         ,  rniol  floiaaiannoo  .v.ij.  ^^^ 

uon-residence  creates  vacancy »•,•..••     "°^  l-*^! 

rules  for  determining '7*1  •*       ■'■^  ^T 

948  152 

^^^    ^^^'                                                                                    (i;oiist;'i25,    126  32 
RESiaNATION, 
)w  made. 

.      ,;prior  to  qualifying  ..::::: .* .* ." .' .* .' .' .* .' ." .' .' .* .' .' .' '. .* .' .' .' ." .' ." .' .... ,1033  199 

^:     11.^  omcers- :.:::.:.::::.:::.;::::::: j,-  286 

RETURNS,  ,ZOITAHT8I0':in 

bla,nks  for ^  •  •  •  r  >  •  •  n^v  •    ^^^  ^'^^ 

late  of  receipt  indorsed  on  envelope hbli  Retina  moo  •>*  "^^^  "^^^ 

02  69iijfi^8rioo  yajiI      ^^^^  ^_ 

ilse        r-  •  •  -^ 9283  307 

01                                                                       .  n9ilw  Hliyitii      ^^^^  ^^^ 

general 1008  189 

j#"«"°^  •••••••••••■• •:-:;-;iM«a^sMfio«»i-i«°!«  ^" 

^«5-" ■ -'— .H«.^^;-  ^:  ;- 

mriicalities  disregarded yuismhYi  )^  *'  ^2-^  ^^^ 

.wliaf,  canvassed .......:.::  J." .■.■:::.■:.".:.  T 1027  198 

^"rT" OU       ^^^^'                      , Y.1Iiin9q  .1  K2->li i^  ^^ 

"federal  interference  prohibited ^A•RA4^^J7^^^  W^^  ^ 

bl2      000:  ^  won  89707  1070919  D9'I9f8I?{'rr  rrorr 

negro  suffrage * Aif^.  15  12 

woman  suffrage  \V.\V. V. V.VV. ',.*.'.*.*.'•  •••V.'.V'I'*'*  •Vr-'.^-^^^-  1^  1^ 

bXjAD  MACHINERY,  ,  ^         ,,,  ^  ,  . 

Durchase  by  township e.'sf^'r v  *•  •  •  1^80  220 

T^I    ^0               ^                ^                                fteifcRiroiq  ,io-=l  ^"'"'^^g  292 


Jipw  made ,   ,oq4    H-^ 

tOi     ;:t)a.    ..  ^U;^^ 


'.uyiAd  I 


ISdM^^  435 


ROTATION^  Section    Page 

of  names  on  ballot — general iiJJ^i.^.     959  162 

newspaper ^\}ifl^^^.u:iiJii}<. .  Ch.  187  150 

non-partisan »^;^i:^.  I>:>ii.iOh.  117  121 

primary ..•:....■ .  .• . .- .  PM''?. WJifcrniflrVVU  .'yr-i'   865  125 

.^ECIfETART  OF  STATE,  noitBoiii^- *  •  . 

al>stract  of  votes,  sent  to,  general .-.^^.^.^A^JlW.i.ai-i.^  t^s  194 

'     'primary .....;::;::  .^^/i^^?.n>h  .^.^";' !  874  129 

act  as  governor,  when ??^?.^.  ^^V.  i>;.«(3<iiis^.  77  25 

audit,  expense  of  national  delegates' ;  *.  *. ; :  *. : ; ; : ; ; ; ;  •. ; . : . .     916  140 

^allots,  absent  voters,  deliver  when* : : ; : :  *. : ; ; ::.''. 1003  186 

columns  arranged  by  ......... !1^A^?J^>... 963  166 

I       *^  '^""^  presidential  primary,  furnished  by  •.•.•.•.*.•.•.•.•.•.•.•.•.•.•. .^'914  139 

^'  ^^^            placenamesof  nominees  on  .....v.. .•.v..".'>^??^l»j9.'*'8r?8  130 

blanks  furnished  by ...'.-.•.  P9l{^.  7!9[K  ??lVl'    969  170 

bond    ■  ISi  98 

canvassing  board,  notice  of  meeting  ...*....•...•..,......•.  i  1015  195 

'  Certificate  of  election  issued  by .•.•.•.•.•.-.*.  ^:^99^J}:%  '1020-24  196 

;      ';;^^        nomination  filed  with 7^??J?Y{V, 971^ Si^. ,^1^971  171 

■      certify  constitutional  amendments 979  177 

nominees  to  county  auditor :^W.^^yjAKK\    920  143 

belidh!  974  175 

977  176 

county  seat  removal,  notice  of,  filed  with  ....  .^^.^H?.°.".^/l  .-^^SSSS  229 

expense  statements  filed  with -.^9.'?^.?.  P  929  145 

Incorporation  of  city,  commissibii'fBritf"/V???.?9.'i¥:^i"f?.  1^3780  251 

Initiative  and  referendum ::::::::: : : ; ; ;  Art.  2i6  46 

'-       IQotif:^'  county  auditor,  officers  to  be  elected  Hl^Ai^.'^^.^f'!'?.''  981  178 

^^^    ""'^^       '            to  be  nominated  ......... '.•.^!^".«  .^/l^j.^^l^^^^^^^^  126 

governor  of  creation  of  new*  6otiny'?f.*??!i.??:|.?.'^9  3206  220 

nominees .........;;;;::;;;  ^^Vj'P??   875  129 

.33TTIK1^0D  JAflTZri   ^77  ^3^ 

party  enrollment  supplies,  furnished  by  "'l^H'^l^}TT}9.7'l'!p'^lS  142 

pass  upon  claims  rival  party  organization ; i. .'    972  173 

petition  for  nomination,  filed  with  i^?????.^??^?!?.^.^:"?.'^?'  853  117 

publicity  pamphlet,  published  by  *. '. ". ".  *. ; '.  *. ; '. ;  *.  *. ;  ;  *.  *.  ?}t'T^, . .    1 
i-t-I     i-SO  t9lriqini:q  y.Jbif'inq  ,'>7!>^^i: 

^^     '^feliflcations,  term .r.  .^  {«?????.  .^.IH^.^.  ?}'}??  ^7  i'FtH^^:  82 

returns,  filed  with  ....:;::::;;  ;..;.•.•.•;::.•;::; ;  ,V.*:^}TJ. .  1008  189 

'^^^      '          date  of  receipt  indorsed"  on  envelope^?T9?l^.1  ^t^?f.V. '  1032  199 

•-^    'Messenger,  sent  for  .... . .........  .-i'.'fV??.  ;^?^.^?.^^?.??.?4oi4  194 

^^'     ^S&tement,  canvassing  board;  ffl?^'-^itei''l V^.lf^lT?'  877  130 

'"^     -"•                                                            ^^'^^''                   ^^'^'^^      1019  196 

published  by  PPPSi''}?^:^.  .V^,  :'}?'VJ?} '' '877  130 

''     ''"^                                            ■• •         — "V.  t..^2b  190 

SECTi"6iir  corners, 

ttifirking  election  for '}p.V.^.  7'.'; . .  4243  289 


926     144 
26      46 
26 


436  STATE  OF  NORTH  DAKOTA 


Section   Page 

SENATE,  STATE, 

see  Legislative  Assembly 

SENATE,  United  States, 

clioose  vice-president  when  Art.  12  11 

classification Art.  1,  Sec.  4  7 

election,  regulated  how Art.  1.  Sec.  4  8 

expense  statements 195  (3)    (4)  54 

ineligible  to  certain  oflSces Art.  1,  Sec.  6  8 

number   Art.  17  13 

qualifications Art.  1,  Sec.  3  8 

qualifications  of  electors  Art.  17  13 

term Art.  17  13 

time  of  election 14a  52 

vacancies  how  filled Art.  17  13 

SHERIFF, 

bond 663  104 

deliver  poll  books 967  170 

eligible  to  two  terms  only  Const.  173  36 

3259  231 

SPECIAL  PRIVILEGES, 

prohibited  Const.  20  18 

STATE, 

name,  boundaries  Const.  206  40 

STATE    AUDITOR, 

audit  expense  of  national  delegates  916  140 

bond    142  98 

qualifications,  term Const.  82  26 

report  elections  and  appointments  Ch.  158  101 

STATE  BONDING  DEPARTMENT, 

act  creating Ch.  158  101 

STATE  CENTRAL  COMMITTEE, 
see  Party  Organization 

STATEMENT, 

campaign  expenses,  federal  195  53 

state 929  145 

candidate,  publicity  pamphlet  924  144 

county  canvassing  board,  general 1013  194 

primary 873  128 

county  seat  removal  3238  229 

judge  of  election,  primary    : 870  127 

principles  represented,  certificate  of  nomination 970  171 

municipal  candidate    902  137 

publication,  see  Publication 

result  of  canvass 1007  189 

1025  197 

city  election 3670  247 


INDEX  437 


Section   Page 

township  meeting  4152  284 

village  election  3855  2&4 

state  canvassing  board,  general 1018  195 

primary    877  130 

STATE'S  ATTORNEY, 

bond 663  104 

election 3257  230 

not  eligible  to  judicial  office 3376  236 

term  Const.     173  36 

STATE  TREASURER, 

bond   156  98 

eligible  for  but  two  consecutive  terms Const.  82  26 

qualifications,  term Const.  82  26 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION, 

election  Ch.  117  121 

qualifications,  term Const  82  26 

1105  218 
SUPREME  COURT  JUDGES, 

chief  justice Const.  92  27 

election  and  nomination  Ch.  117  121 

how  and  when  elected Const.  90  27 

not  to  act  as  attorney Const.  117  30 

not  eligible  to  non-judicial  office Const.  119  30 

number Art.  25  46 

qualifications Const.  94  28 

terms Const.  91  27 

vacancies,  how  filled  Const.  98  28 

TALLY  BOOKS, 

arrangement  of  names 868  127 

TERM  OF  OFFICE, 

aldermen   3583  242 

assessors,  district   2125  221 

begins  when   677  108 

city  officers 3611  244 

first  elected  3.558  241 

commission  form   3786-88  253 

county  auditor,  begins ,3505  238 

commissioners Const.  172  35 

3264  233 

new  county 3206  266 

officers Const.  173  36 

3257  230 

new  counties  3207  227 

superintendent  of  schools Const.  150  33 

1121  219 

surveyor  .3425  237 


438  STATE  OF  NORTH  DAKOTA 


^k>''i 


Section    Page 


i<^£     'jOWgressmen Art.  1,  Sec,  2        7 

to-      Owtrict  judges  •  'it^ri^^y  •^^r^^''"^^'  ^^^      ^^ 

f^or         r,  r        ,1  "*  '     Ch.    167       97 

08  r     Tigrovernpr ^.. ., ,,  •;  Const.  71      25 

mayor  '-'Wrwiv^  •;  ^.^^^r  ,^^J 


08'- 


fc«J 


— ;T^r7:H0TT}   ;fxr  /„La 

park  commissioner,  city 4058    273 

..-  ..._ .    village ...;... .v;.v/.".v.;.".v.;^       274 

0?:-   f.president -'^«J»-i^n)ii)ijr.iiA^frJi'?^V       ^ 

;PTiblic  administrator ,  ^^^  ^^^ 

representative,  state  ^j^j^.. ^ . jdon^t,  33j  .2Q. 

.,- ;        begins ............... .......  Const.  4X  22' 

02       Uipnator,  state  ..........  .^^jj.,.,,  v,,,!^ r;^5gf,o!)-(5-Jn-  Jiid  Y-  ■^'^^'  27  19 

f)o    •  <_•>    ^      begins    ......... , . , , . . . . ; ; . . . . . . . . . .  .^fi^,j} .  g^^, ,  Const.  41  22 

state  officers •)(  •cO'-Iff  TftXIv?)l:Min  "f  O  TTTt^Ki  ^^^^^'  ^^  ?§ 

]-i      .supreme  court  judges  ..............................  Cpn^t.  Ql  27 

82       ^superintendent  of  public  instruction  .......  yj.j^-j.  ;^(t<5!^5,?>fn ; -?;?i^  218 

X  r  ■/     ,i:pwnship  officers '4087  278 

United  States  senator •^S'ilff^TT,*  TiI'J(*)AFfl.-Kri4^. 

70       yice-president A]^^*  .2,,  ^ec.  1  ^     § 

r-t      Tillage  officers r,n'iUiUa<3f\ '^{ih^hXA^Wf  ^64 

whejn, claimant  takes  office   ii^m^ta  \{9'it^- bb'w  T.?m^  ^96 

T^JJR^AT,  ;.,...    > 7/)fl-I0ltf:  «ii  lOfi  01    !     ,: 

O^t       4pPuepfiing  or  intimidating  electq^j ,;  ^^^.Vf^^^f.,^^^.  f») ..^f^fj^tf^  9250  301 

Ot       r-r,/ "0272-73  305 

82       jpreF^pfripg  public  meeting    '.)270-71  304 

TIE  VQTE, 

city.  ,., ,,.,,  ,,,„..  ;,,,,^,  3671  247 

county g.^f^  ^1010  192; 

legislative ^j^.^^^  ^,,.  jo^ft,.^^,,,  1009  m 

presidential  electors  M'-)l^'3f)-  1^22 ,  19€» 

o^v     primary •••••. ••.•.•,•.•.•.:•.•.•.•.•.•.•.•. -.Mrrm     ^^^  ^^^ 

X22     State  officers Hiilarf;  -.^lo^  --^— §  195 

801     township  meeting .^^^^.^  -^n^^i  283 

i,        viUage •  •  •  •  •  aiSDfftt .  ^'^55  264 

TOWNSHIPS,  „;;;;i;  ^..^^ 

;:r-  ajinexing  territory •,•••••.••.•••• -flriot- m,i?i=».hflrnoa  •  '^^'^^  275 

^,^;r.  assessor,  qualifications,  compensation  . . .  .^^j^^^,,^,  .j^,jj.j^jyj,.^^,2125  221 

,-<■:  ballot  election  by ....,,,,^,,p..^^„jjmy^l46-47  283 

gg2  teW*d  of  supervisors,  designate  voting  place,  when 950  155 

1)02  UOiii                 chairman,  inspector  of  elect;ipft,  ,., .,, , 951  158 

08  i.T!'!               report  of .,^..,.,;^j.'^215-16  288 

m:t  ^S^i^^ds,  how  issued  ; 42.54  290 

-._.r.  ^»ds.  official,  approved  when  .... . . .  '^yUnmyj-  vtit '^l^^  287 

.  :■  assessor . ,;,,...,.,»!;.....* , .   4167      286 

constable 4166    286 

treasurer    4165     285 


INDEX  439 


,  Section   Page 

justice  of  the  peace .^^ .  ,4161  285 

wliere  filed  .....: .,. . . . '. '. '. '. '..'. : '. . ".',....,. . ". '. '.;. ". . '.".'  .6^0  107 

clerks , ^ ......... .  4J0U  ziu 

by-laws,  publication  of 4l56-o7  284 

c^pvass  •••••• •*•••**.':•.* hh]hii^}>.4ij  'wutT  'Ao-Ulfq  ''liui,  j_  ^^^ 

challenge ,.  ^ r  w  •  ^145  282 

clerk,  bond  filed  where •. . . ./. .  .^,4200  287 

file  name  of  constable  with  clerk  of  court  . ;  .^^  '. . .'.  .'"4201  288 

justice    of    the    peace    with    clerk    oSf    court  42(J2  288 

notify  auditor  of  appointment  of  insi)ectpr  . . . . .... . .    951  158 

debt  limit ^.'l!'i'.'  /!'. .'.',. '.'".T.l'!'. . . .  4253  290 

,.      .       ,      , mofKv^  1->inlnoo  ,:I-iov^ 

dipping  tanks Ch.    Ill  280 

lOT    7911001   OfoV  ^^ ^^^ 

dissolution ,. . . : 4277  292 

,.   ,  .  3iii/I-i)im  .8190-100  no(  :>  -  ^„„ 

division .^  .,.  .^ . 4079  277 

;     ,.        ,.  .  .  ^.      MiinHiqii  won  ,T0309qaaj  .Desiaiiaionir       .__.  „__ 

election  districts   ,... ^.. ....^,.,....7 4271  292 

■\:-' ■^.  J.  >.9]nfji«aoo  diih  90i!9<i  fidi  to  R9onxnc      ^^^^  _,_^ 

electors,  powers  of ..y... .  ..^... ,..  4088  279 

who  are  #^ ^ ., 4144  282 

fair  association,  aid  to , CB.     261  279 

,  .  ,  .        ^  .ffi/891  lo   1n9ca9Jj;ta      ^^^,  ^^^ 

highways,  contract  system  .^. .  426b  291 

meeting,  annual ....;....  .*.'.'. .  4086  278 

first ^^.^.,.4075  276 

minutes  filed  .^"^Jj^j^'^'i^^'.^SS  2S4 

moderator,  duty  of .,....,...'.  ,'4142  282 

organization 4141  281 

powers 2151  222 

4088  279 

special    ...,.,..., .4138  281 

unlawfully  voting  at   ,^,.^j.j.^^^.^^92Q3^  ^03^ 

where  held V. ........  '     951  158 

Ch.  45  158 

name .4074  ?76y 

oflBcers,  acting  without  qualifying 4169  286 

appointed  by  county  commissipoers,  wlieii  .......     4155  284 

elected,  how 4146  283 

ICi^^f""-  '  ;: 

notice    to    , .,  .  _  4154  284 

.    ,  .  SdiMinq  1971!;  .!<• 

enumerated , 4087  278 

neblect  to  qualify 4168  286 

.  .  ^iRfui'jq 

oath ;.  4159  285 

qualifications    , ,........,  4158  285 

term ., . .  4087  278 

begins   ,..- .... ........  .  677  108 

transferred  territory   •.  • »  n-  f ,  3201  225  * 

organization ....................".'..  Const.  170  225 

4072  275 


440  STATE  OF  NORTH  DAKOTA 

Section   Page 

poll  list 4148  283 

polls,  proclamation  of  opening  and  closing 4143  282 

pound  master,  file  acceptance  4170  28& 

pounds 4249  290 

public  places,  how  designated  4248  289 

records,  delivered  to  successors  4238,  41  288 

resignations 4171  286 

road  machinery,  purpose  of 1980  220 

4269  292 

overseer,  file  acceptance 4170  286 

workj  contract  system   4266  291 

vote  money  for 2151  222 

section  corners,  marking 4243  289 

unorganized,  inspector,  how  appointed 952  160 

justices  of  the  peace  and  constables 3258  231 

vacancies,  how  filled 4172-3-4  287 

vote,  reconsideration  of 4142  282 

statement  of  result,    4152  284 

tie 4151  283 

TREATING, 

prohibited 934  147 

TRANSPORTATION, 

of  electors  to  polls 936  147 

9255  302 
TRIAL, 

of  contest 1049  204 

UNITED   STATES  SENATOR, 

see  Senate,  United  Stater 

UNITED  STATES  STATUTES,  52 
USURPING  OFFICE, 

action  to  recover 7971-73  295 

penalty  9302  310 

VACANCIES, 

alderman   3584  242 

appointment  made  in  writing  699  114 

assessor 2125  221 

ballot,  after  printing 078  177 

general   977  176 

primary 855  120 

879  130 

board  of  county  commissioners 697  114 

of  registration 1101  217 

brief,  not  to  be  filled 698  114 

caused  how  666  105 

674  107 

683  111 


INDEX  441 


Section   Page 

city,  commission  form  3804  254 

upon  f ailude  to  qualify 3672  248 

3806  254 

election  board 951-2  158 

filled  by  governor,  when  Const.  78  25 

by  party  committee,  when  861  125 

fiUed  how 696  113 

congressional 1033  199 

23  53 

legislative Const.  44  22 

1033  199 

mayor 3566-67  241 

park    commissioner,    city    4058  273 

village 4067  274 

special  election,  congressional,  legislative 1033  199 

township  oflScers 4172  287 

appointing  board  4173  287 

assessor 4174  287 

village  officers 3857  265 

VICE-PRESIDENT, 

election  Art.  12  10 

term Art.  2,  Sec.  1  9 

VILLAGES, 

assessors,  village  in  two  counties 3938  268 

districts    3849  263 

dissolution 3903  266 

election,  annual  3851  263 

boards,  how  chosen 951  158 

inspectors 3851-53  263 

new  wards 3984  268 

notice 3850  263 

polls  open 3852  264 

precincts,  village  in  two  counties 3934  267 

incorporation 3840  261 

ballots 3848  262 

election  3845  262 

inspectors 3847  262 

polls  open  when    3846  262 

territory  in  two  counties 3932  266 

officers 3854  264 

bonds 3869  265 

deliver  property  to  successor 3870  266 

oath  of 3858  265 


442  STATE  OF  NORTH  DAKOTA 


s^H^l    a<ui»i>  Section    Page 

JWIS    tm^^,  commissioner •  •■r.r ftW^rfimMd'  •  ^7  274 

^^^     ^  jacancy,  how  filled ,„ v-  .^  . ...  v 3857  265 

ri-S:    L'k-n  '.niKHp  ot  9D01IJJ1  rioqu 

y,r,i       highest  number  elects (<  ih^HooH^  152 

CS      BT  JaiK'City ,....  .:.;jC7/.  ,iiii*';iv.(r^  .vi .  ,3671  247 

C£J:     198  ,.  township m^.{v>  .  .>.,^. ««»,?.,♦  .^kkh* -v/^. .  4151  283 

^.f^     ^,>;          village •••  :3§55  264 

illegally  rejecting ^ 9282  307 

jUPTEJis, 

Si'      Hee  Blecetors 


t:Tl:    ^S^  ^^«^^^  ^«ters •.•/  •  UiVVi^iA/i^^Mino  >  •  •     ?^2  182 

i^TC    T*"^^^ •••::::::::::::r:::*^4rtm;--  ^^58  302 

mil    ?J^^^^^^  ^^ :•••••  :-(fi:^ra'5r  ;rifft(5lfe*^.^^§tfO^•  ;rtdm'ifi  -iv^  -^^^^  ^'^^ 

^  ^^       unlawfully,  town  meeting .^. . .  ...^  .  9263  303 

:^j  ;i.iiQuaiifled ..,-.■.■..•.  nr:^  .'if. :  S259  303 

'Z  .III:       «avising ???:•?.  .8.".".".'™Ne. .    926X  303 

'••'-    ^"^J^bilg  precinct ........■..^.'?*?.".n'^fe  308 

VOTING  DISTRICTS,  /maai8:.IiI'I-M')IY 

sets  'Precincts 

how  formed 950  155 

VOTING  PLACES, 

802    >>g^^  Polling  Places 

"      now  designated .' . . . . . . . . .  J.' . . .   pko  155 

^^-   '^y  be  where :::  1 :::  1 :::::.: i :: I, ::: .^I'll'l^'m  i58 

o-r     r-.                                                                         ^         ^    V      \  Ch.  45  158 

MtMworks,  ^"^^'^  ^^^  '^^''^^'^^ 

?.8i:    J'.r;  f-'.;  .    .  , .  aiola^qani 

kOS     |.9^P^"Pal  ownership  ^^^^  .  ^,  .^^^^ . .   3990  269 

^;^»o     o.>;        ®^^^  ^^ 3992  270 

■ffil™^SES,  .,   ...... n.u 

TOi:    (€Kiamination,  election  contest ;ilv.  .^iVuv-^y-^q. .  108I  212 

102    iMP-  ®^^"®^^  from  testifying ifoi*i:if>^.  9286  307 

L-ai:    ^,^^.^.                                                                      .  aiolliid     9296  309 
E9^m,  .                                                                             uoboef9 

S82    T^W&ojt.  deposited  in  separate  box  .amlosqi^iu . .     991  182 

202     91*88    (loriw  neqo  elioqCh.  254  155 

002     -jPitizen  by  marriage i  .cit  j^aoJiriat. .  3948  60 

K>2     I fe??^.^!^^  citizenship  by  marrying  foreigner  . . . . . . . . . . . .  .w,.  3960  62 

r;f)2     (iflf^  ^?^^  ^^^'  ^^^^^^  officers .,,.,,,,.,. ;, f^jdqnst.  128  32 

902    OTW;   uioiq  lOvilob        991  182 

?192     m'^.V.  .    ^^^^t  officers r::::Ao  fRfu>Ch.  254  155 


INDEX  443 

Section   Page 

registration    1091  214 

Ch.  254  155 

suffrage,  constitutional  provision,  federal Art.  19  13 

state Art.  37  51 

votes  kept  separate 968  170 

WOiiKHOUSE, 

how  established  11319  311 


V 


30 


iviJ  44^20 


I9A 


THE  UNIVERSITY  OF  CALIFORNIA  LIBRARY 


